Sub. H. B. No. 562 As Reported by the Senate Finance and Financial Institutions Committee

As Reported by the Senate Finance and Financial Institutions 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, Adams, Book, Brady, Collier, Combs, Dolan, Domenick, Dyer, Gerberry, Goyal, Hagan, J., Harwood, Hughes, Koziura, Mallory, McGregor, J., Schindel, Setzer, Szollosi, Ujvagi, Webster, White, Widowfield, Beatty, Celeste, Coley, Fende, Heard, Letson, Luckie, Newcomb, Sykes, Williams, B.
Senators Carey, Cafaro, Wilson, Kearney

A BILL

To amend sections 9.231, 9.24, 9.835, 105.41,

113.061, 113.40, 117.13, 117.38, 120.08,

121.31, 122.171, 125.02, 125.021, 125.022,

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

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

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

303.12, 303.211, 306.43, 307.697, 317.32,

319.301, 321.261, 340.02, 340.021, 351.26,

519.12, 519.211, 715.73, 715.74, 901.42,

1332.04, 1346.03, 1561.011, 1561.16, 1561.17,

1561.23, 1561.25, 1561.26, 1565.15, 1751.01,

1751.04, 1751.05, 1751.11, 1751.111, 1751.12,

1751.13, 1751.15, 1751.16, 1751.17, 1751.18,

1751.20, 1751.31, 1751.34, 1751.53, 1751.60,

1751.89, 2743.49, 2744.05, 2903.12, 2903.213,

2903.214, 2915.101, 2919.26, 2921.13, 2923.11,

2949.092, 3111.04, 3113.06, 3113.31, 3119.023,

3119.54, 3301.0714, 3311.21, 3311.24, 3313.842,

3313.978, 3314.016, 3314.02, 3314.03, 3314.05,

3316.03, 3316.041, 3316.06, 3316.08, 3317.023,

3317.11, 3317.20, 3318.01, 3318.03, 3318.032,

3318.04, 3319.291, 3323.30, 3323.31, 3323.32,

3323.33, 3333.04, 3333.044, 3333.045, 3333.122,

3335.05, 3341.03, 3343.08, 3344.02, 3345.34,

3350.10, 3352.02, 3353.02, 3353.20, 3353.21,

3353.22, 3353.26, 3353.27, 3353.28, 3353.29,

3354.16, 3355.12, 3356.02, 3357.16, 3359.02,

3361.02, 3364.02, 3501.17, 3702.71, 3702.72,

3702.73, 3702.74, 3702.75, 3702.78, 3702.79,

3702.81, 3702.85, 3702.86, 3702.91, 3702.93,

3702.95, 3703.01, 3734.821, 3735.67, 3743.02,

3743.04, 3743.15, 3743.17, 3743.19, 3743.25,

3743.40, 3743.44, 3743.45, 3743.54, 3743.56,

3743.65, 3743.70, 3743.99, 3901.3814, 3905.40,

3923.281, 3923.443, 3961.04, 4112.12, 4117.14,

4117.15, 4123.26, 4123.32, 4123.37, 4123.54,

4131.03, 4301.355, 4301.421, 4301.424, 4301.62,

4303.182, 4510.10, 4511.01, 4511.101, 4511.181,

4511.191, 4731.65, 4731.71, 4735.01, 4735.02,

4735.10, 4735.13, 4735.14, 4735.141, 4752.04,

4752.05, 4752.06, 4752.07, 4752.11, 4752.12,

4752.13, 4906.13, 4906.98, 4928.142, 4928.20,

4981.14, 5101.26, 5101.5211, 5101.5212,

5101.5213, 5101.5214, 5101.5215, 5101.571,

5101.572, 5101.58, 5101.80, 5111.032, 5111.084,

5111.091, 5111.31, 5111.94, 5111.941, 5112.31,

5112.37, 5123.0412, 5123.196, 5123.36, 5513.01,

5525.01, 5703.19, 5703.21, 5703.57, 5705.194,

5705.214, 5705.29, 5709.121, 5721.30, 5721.31,

5721.32, 5721.33, 5721.34, 5721.35, 5721.36,

5721.37, 5721.38, 5721.39, 5721.40, 5721.41,

5721.42, 5721.43, 5727.84, 5727.85, 5739.01,

5739.02, 5739.029, 5739.09, 5739.12, 5739.122,

5739.124, 5739.21, 5741.04, 5741.12, 5741.121,

5741.122, 5743.021, 5743.024, 5743.321, 5743.323,

5745.05, 5747.01, 5747.02, 5748.022, 5751.20,

5751.21, 6101.53, 6101.55, 6117.01, 6117.011,

6117.012, 6117.04, 6117.05, 6117.06, 6117.25,

6117.251, 6117.28, 6117.30, 6117.34, 6117.38,

6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and

6117.49; to amend, for the purpose of adopting

new section numbers as indicated in

parentheses, sections 3323.31 (3323.33), 3323.32

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

3353.21 (3333.82), 3353.22 (3333.83), 3353.26

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

and 3353.29 (3333.88); to enact new sections

3323.31 and 3323.32 and sections 107.19, 125.051,

133.52, 135.101, 135.102, 135.103, 135.104,

135.105, 135.106, 303.213, 519.213, 713.081,

1561.24, 1561.261, 1567.64, 1567.681, 2907.10,

2943.033, 2949.094, 3107.018, 3310.42, 3314.37,

3314.40, 3318.033, 3318.034, 3326.45, 3326.51,

3333.58, 3333.84, 3365.15, 3925.101, 4303.041,

4735.142, 4905.84, 4906.20, 5101.143, 5104.041,

5111.0210, 5111.71, 5111.711, 5111.712,

5111.713, 5111.714, 5111.715, 5111.874,

5111.875, 5111.876, 5111.877, 5111.878,

5111.879, 5111.8710, 5112.371, 5123.0417,

5501.09, 5502.68, 5533.94, 5703.82, 5705.199,

5721.371, 5721.381, 5747.082, 5749.17,

6121.045, and 6123.042; to repeal sections

124.821, 3314.086, 3317.161, 3353.23, 3353.24,

3353.25, 3353.30, 5111.88, 5111.881, 5111.882,

5111.883, 5111.884, 5111.885, 5111.886,

5111.887, 5111.888, 5111.889, 5111.8810,

5111.8811, 5111.8812, 5111.8813, 5111.8814,

5111.8815, 5111.8816, 5111.8817, 5112.311, and

5739.213 of the Revised Code; to amend Sections

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

General Assembly, to amend Sections 203.10 and

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

Assembly, as subsequently amended, to amend

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

of the 127th General Assembly, to amend Sections

207.20.50, 207.20.70, 207.30.10, 207.30.20,

207.30.30, 219.10, 235.10, 261.10, 263.10,

263.20.10, 263.20.80, 263.30.10, 269.30.30,

269.30.70, 269.40.50, 269.50.30, 275.10, 293.10,

299.10, 307.10, 309.10, 309.30.13, 309.30.30,

100

309.30.40, 309.30.41, 309.30.42, 309.40.33,

101

337.30, 337.30.43, 337.40, 337.40.15, 369.10,

102

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

103

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

104

127th General Assembly, to amend Section 249.10

105

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

106

Assembly, as subsequently amended, to amend

107

Sections 101.10, 103.80.50, 201.30, 201.50,

108

301.20.20, 301.20.80, 401.11, and 401.71 of

109

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

110

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

111

127th General Assembly and to repeal Section

112

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

113

General Assembly to make capital and other

114

appropriations and to provide authorization and

115

conditions for the operation of state programs.

116

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

Section 101.01. That sections 9.231, 9.24, 9.835, 105.41,	117
113.061, 113.40, 117.13, 117.38, 120.08, 121.31, 122.171,	118
125.02, 125.021, 125.022, 125.04, 125.041, 125.05, 125.06,	119
125.07, 125.18, 125.25, 127.16, 133.08, 135.61, 135.63, 135.65,	120
135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	121
303.211, 306.43, 307.697, 317.32, 319.301, 321.261, 340.02,	122
340.021, 351.26, 519.12, 519.211, 715.73, 715.74, 901.42,	123
1332.04, 1346.03, 1561.011, 1561.16, 1561.17, 1561.23, 1561.25,	124
1561.26, 1565.15, 1751.01, 1751.04, 1751.05, 1751.11, 1751.111,	125
1751.12, 1751.13, 1751.15, 1751.16, 1751.17, 1751.18, 1751.20,	126
1751.31, 1751.34, 1751.53, 1751.60, 1751.89, 2743.49, 2744.05,	127
2903.12, 2903.213, 2903.214, 2915.101, 2919.26, 2921.13,	128
2923.11, 2949.092, 3111.04, 3113.06, 3113.31, 3119.023,	129
3119.54, 3301.0714, 3311.21, 3311.24, 3313.842, 3313.978,	130
3314.016, 3314.02, 3314.03, 3314.05, 3316.03, 3316.041,	131
3316.06, 3316.08, 3317.023, 3317.11, 3317.20, 3318.01, 3318.03,	132
3318.032, 3318.04, 3319.291, 3323.30, 3323.31, 3323.32, 3323.33,	133
3333.04, 3333.044, 3333.045, 3333.122, 3335.05, 3341.03,	134
3343.08, 3344.02, 3345.34, 3350.10, 3352.02, 3353.02, 3353.20,	135
3353.21, 3353.22, 3353.26, 3353.27, 3353.28, 3353.29, 3354.16,	136
3355.12, 3356.02, 3357.16, 3359.02, 3361.02, 3364.02, 3501.17,	137
3702.71, 3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79,	138
3702.81, 3702.85, 3702.86, 3702.91, 3702.93, 3702.95,	139
3703.01, 3734.821, 3735.67, 3743.02, 3743.04, 3743.15, 3743.17,	140
3743.19, 3743.25, 3743.40, 3743.44, 3743.45, 3743.54, 3743.56,	141
3743.65, 3743.70, 3743.99, 3901.3814, 3905.40, 3923.281,	142
3923.443, 3961.04, 4112.12, 4117.14, 4117.15, 4123.26,	143
4123.32, 4123.37, 4123.54, 4131.03, 4301.355, 4301.421,	144
4301.424, 4301.62, 4303.182, 4510.10, 4511.01, 4511.101,	145
4511.181, 4511.191, 4731.65, 4731.71, 4735.01, 4735.02, 4735.10,	146
4735.13, 4735.14, 4735.141, 4752.04, 4752.05, 4752.06, 4752.07,	147
4752.11, 4752.12, 4752.13, 4906.13, 4906.98, 4928.142, 4928.20,	148
4981.14, 5101.26, 5101.5211, 5101.5212, 5101.5213, 5101.5214,	149
5101.5215, 5101.571, 5101.572, 5101.58, 5101.80, 5111.032,	150
5111.084, 5111.091, 5111.31, 5111.94, 5111.941, 5112.31,	151
5112.37, 5123.0412, 5123.196, 5123.36, 5513.01, 5525.01,	152
5703.19, 5703.21, 5703.57, 5705.194, 5705.214, 5705.29,	153
5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34,	154
5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40, 5721.41,	155
5721.42, 5721.43, 5727.84, 5727.85, 5739.01, 5739.02, 5739.029,	156
5739.09, 5739.12, 5739.122, 5739.124, 5739.21, 5741.04,	157
5741.12, 5741.121, 5741.122, 5743.021, 5743.024, 5743.321,	158
5743.323, 5745.05, 5747.01, 5747.02, 5748.022, 5751.20,	159
5751.21, 6101.53, 6101.55, 6117.01, 6117.011, 6117.012,	160
6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30,	161
6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45,	162
and 6117.49 be amended; sections 3323.31 (3323.33), 3323.32	163
(3323.34), 3323.33 (3323.35), 3353.20 (3333.81), 3353.21	164
(3333.82), 3353.22 (3333.83), 3353.26 (3333.85), 3353.27	165
(3333.86), 3353.28 (3333.87), and 3353.29 (3333.88) be amended	166
for the purposes of adopting new section numbers as indicated in	167
parentheses; and new sections 3323.31 and 3323.32 and sections	168
107.19, 125.051, 133.52, 135.101, 135.102, 135.103, 135.104,	169
135.105, 135.106, 303.213, 519.213, 713.081, 1561.24, 1561.261,	170
1567.64, 1567.681, 2907.10, 2943.033, 2949.094, 3107.018,	171
3310.42, 3314.37, 3314.40, 3318.033, 3318.034, 3326.45,	172
3326.51, 3333.58, 3333.84, 3365.15, 3925.101, 4303.041,	173
4735.142, 4905.84, 4906.20, 5101.143, 5104.041, 5111.0210,	174
5111.71, 5111.711, 5111.712, 5111.713, 5111.714, 5111.715,	175
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	176
5111.8710, 5112.371, 5123.0417, 5501.09, 5502.68, 5533.94,	177
5703.82, 5705.199, 5721.371, 5721.381, 5747.082, 5749.17,	178
6121.045, and 6123.042 of the Revised Code be enacted to read	179
as follows:	180

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	181
this section, a governmental entity shall not disburse money	182
totaling twenty-five thousand dollars or more to any person for	183
the provision of services for the primary benefit of individuals	184
or the public and not for the primary benefit of a governmental	185
entity or the employees of a governmental entity, unless the	186
contracting authority of the governmental entity first enters into	187
a written contract with the person that is signed by the person or	188
by an officer or agent of the person authorized to legally bind	189
the person and that embodies all of the requirements and	190
conditions set forth in sections 9.23 to 9.236 of the Revised	191
Code. If the disbursement of money occurs over the course of a	192
governmental entity's fiscal year, rather than in a lump sum, the	193
contracting authority of the governmental entity shall enter into	194
the written contract with the person at the point during the	195
governmental entity's fiscal year that at least seventy-five	196
thousand dollars has been disbursed by the governmental entity to	197
the person. Thereafter, the contracting authority of the	198
governmental entity shall enter into the written contract with the	199
person at the beginning of the governmental entity's fiscal year,	200
if, during the immediately preceding fiscal year, the governmental	201
entity disbursed to that person an aggregate amount totaling at	202
least seventy-five thousand dollars.	203

(2) If the money referred to in division (A)(1) of this	204
section is disbursed by or through more than one state agency to	205
the person for the provision of services to the same population,	206
the contracting authorities of those agencies shall determine	207
which one of them will enter into the written contract with the	208
person.	209

(3) The requirements and conditions set forth in divisions	210
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	211
and (B) of section 9.234, divisions (A)(2) and (B) of section	212
9.235, and sections 9.233 and 9.236 of the Revised Code do not	213
apply with respect to the following:	214

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

215

(i) The amount received for the services is a set fee for	216
each time the services are provided, is determined in accordance	217
with a fixed rate per unit of time or per service, or is a	218
capitated rate, and the fee or rate is established by competitive	219
bidding or by a market rate survey of similar services provided in	220
a defined market area. The market rate survey may be one conducted	221
by or on behalf of the governmental entity or an independent	222
survey accepted by the governmental entity as statistically valid	223
and reliable.	224

(ii) The services are provided in accordance with standards	225
established by state or federal law, or by rules or regulations	226
adopted thereunder, for their delivery, which standards are	227
enforced by the federal government, a governmental entity, or an	228
accrediting organization recognized by the federal government or a	229
governmental entity.	230

(iii) Payment for the services is made after the services are	231
delivered and upon submission to the governmental entity of an	232
invoice or other claim for payment as required by any applicable	233
local, state, or federal law or, if no such law applies, by the	234
terms of the contract.	235

(b) Contracts under which the services are reimbursed through	236
or in a manner consistent with a federal program that meets all of	237
the following requirements:	238

(i) The program calculates the reimbursement rate on the	239
basis of the previous year's experience or in accordance with an	240
alternative method set forth in rules adopted by the Ohio	241
department of job and family services.	242

(ii) The reimbursement rate is derived from a breakdown of	243
direct and indirect costs.	244

(iii) The program's guidelines describe types of expenditures	245
that are allowable and not allowable under the program and	246
delineate which costs are acceptable as direct costs for purposes	247
of calculating the reimbursement rate.	248

(iv) The program includes a uniform cost reporting system	249
with specific audit requirements.	250

(c) Contracts under which the services are reimbursed through	251
or in a manner consistent with a federal program that calculates	252
the reimbursement rate on a fee for service basis in compliance	253
with United States office of management and budget Circular A-87,	254
as revised May 10, 2004.	255

(d) Contracts for services that are paid pursuant to the	256
earmarking of an appropriation made by the general assembly for	257
that purpose.	258

(B) Division (A) of this section does not apply if the money	259
is disbursed to a person pursuant to a contract with the United	260
States or a governmental entity under any of the following	261
circumstances:	262

(1) The person receives the money directly or indirectly from	263
the United States, and no governmental entity exercises any	264
oversight or control over the use of the money.	265

(2) The person receives the money solely in return for the	266
performance of one or more of the following types of services:	267

(a) Medical, therapeutic, or other health-related services	268
provided by a person if the amount received is a set fee for each	269
time the person provides the services, is determined in accordance	270
with a fixed rate per unit of time, or is a capitated rate, and	271
the fee or rate is reasonable and customary in the person's trade	272
or profession;	273

(b) Medicaid-funded services, including administrative and	274
management services, provided pursuant to a contract or medicaid	275
provider agreement that meets the requirements of the medicaid	276
program established under Chapter 5111. of the Revised Code.	277

(c) Services, other than administrative or management	278
services or any of the services described in division (B)(2)(a) or	279
(b) of this section, that are commonly purchased by the public at	280
an hourly rate or at a set fee for each time the services are	281
provided, unless the services are performed for the benefit of	282
children, persons who are eligible for the services by reason of	283
advanced age, medical condition, or financial need, or persons who	284
are confined in a detention facility as defined in section 2921.01	285
of the Revised Code, and the services are intended to help promote	286
the health, safety, or welfare of those children or persons;	287

(d) Educational services provided by a school to children	288
eligible to attend that school. For purposes of division (B)(2)(d)	289
of this section, "school" means any school operated by a school	290
district board of education, any community school established	291
under Chapter 3314. of the Revised Code, or any nonpublic school	292
for which the state board of education prescribes minimum	293
education standards under section 3301.07 of the Revised Code.	294

(e) Services provided by a foster home as defined in section	295
5103.02 of the Revised Code;	296

(f) "Routine business services other than administrative or	297
management services," as that term is defined by the attorney	298
general by rule adopted in accordance with Chapter 119. of the	299
Revised Code;	300

(g) Services to protect the environment or promote	301
environmental education that are provided by a nonprofit entity or	302
services to protect the environment that are funded with federal	303
grants or revolving loan funds and administered in accordance with	304
federal law;	305

(h) Services, including administrative and management	306
services, provided under the children's buy-in program established	307
under sections 5101.5211 to 5101.5216 of the Revised Code.	308

(3) The person receives the money solely in return for the	309
performance of services intended to help preserve public health or	310
safety under circumstances requiring immediate action as a result	311
of a natural or man-made emergency.	312

(C) With respect to a nonprofit association, corporation, or	313
organization established for the purpose of providing educational,	314
technical, consulting, training, financial, or other services to	315
its members in exchange for membership dues and other fees, any of	316
the services provided to a member that is a governmental entity	317
shall, for purposes of this section, be considered services "for	318
the primary benefit of a governmental entity or the employees of a	319
governmental entity.	320

Sec. 9.24. (A) Except as may be allowed under division (F) of	321
this section, no state agency and no political subdivision shall	322
award a contract as described in division (G)(1) of this section	323
for goods, services, or construction, paid for in whole or in part	324
with state funds, to a person against whom a finding for recovery	325
has been issued by the auditor of state on and after January 1,	326
2001, if the finding for recovery is unresolved.	327

A contract is considered to be awarded when it is entered	328
into or executed, irrespective of whether the parties to the	329
contract have exchanged any money.	330

(B) For purposes of this section, a finding for recovery is	331
unresolved unless one of the following criteria applies:	332

(1) The money identified in the finding for recovery is paid	333
in full to the state agency or political subdivision to whom the	334
money was owed;	335

(2) The debtor has entered into a repayment plan that is	336
approved by the attorney general and the state agency or political	337
subdivision to whom the money identified in the finding for	338
recovery is owed. A repayment plan may include a provision	339
permitting a state agency or political subdivision to withhold	340
payment to a debtor for goods, services, or construction provided	341
to or for the state agency or political subdivision pursuant to a	342
contract that is entered into with the debtor after the date the	343
finding for recovery was issued.	344

(3) The attorney general waives a repayment plan described in	345
division (B)(2) of this section for good cause;	346

(4) The debtor and state agency or political subdivision to	347
whom the money identified in the finding for recovery is owed have	348
agreed to a payment plan established through an enforceable	349
settlement agreement.	350

(5) The state agency or political subdivision desiring to	351
enter into a contract with a debtor certifies, and the attorney	352
general concurs, that all of the following are true:	353

(a) Essential services the state agency or political	354
subdivision is seeking to obtain from the debtor cannot be	355
provided by any other person besides the debtor;	356

(b) Awarding a contract to the debtor for the essential	357
services described in division (B)(5)(a) of this section is in the	358
best interest of the state;	359

(c) Good faith efforts have been made to collect the money	360
identified in the finding of recovery.	361

(6) The debtor has commenced an action to contest the finding	362
for recovery and a final determination on the action has not yet	363
been reached.	364

(C) The attorney general shall submit an initial report to	365
the auditor of state, not later than December 1, 2003, indicating	366
the status of collection for all findings for recovery issued by	367
the auditor of state for calendar years 2001, 2002, and 2003.	368
Beginning on January 1, 2004, the attorney general shall submit to	369
the auditor of state, on the first day of every January, April,	370
July, and October, a list of all findings for recovery that have	371
been resolved in accordance with division (B) of this section	372
during the calendar quarter preceding the submission of the list	373
and a description of the means of resolution. The attorney general	374
shall notify the auditor of state when a judgment is issued	375
against an entity described in division (F)(1) of this section.	376

(D) The auditor of state shall maintain a database,	377
accessible to the public, listing persons against whom an	378
unresolved finding for recovery has been issued, and the amount of	379
the money identified in the unresolved finding for recovery. The	380
auditor of state shall have this database operational on or before	381
January 1, 2004. The initial database shall contain the	382
information required under this division for calendar years 2001,	383
2002, and 2003.	384

Beginning January 15, 2004, the auditor of state shall update	385
the database by the fifteenth day of every January, April, July,	386
and October to reflect resolved findings for recovery that are	387
reported to the auditor of state by the attorney general on the	388
first day of the same month pursuant to division (C) of this	389
section.	390

(E) Before awarding a contract as described in division	391
(G)(1) of this section for goods, services, or construction, paid	392
for in whole or in part with state funds, a state agency or	393
political subdivision shall verify that the person to whom the	394
state agency or political subdivision plans to award the contract	395
has no unresolved finding for recovery issued against the person.	396
A state agency or political subdivision shall verify that the	397
person does not appear in the database described in division (D)	398
of this section or shall obtain other proof that the person has no	399
unresolved finding for recovery issued against the person.	400

(F) The prohibition of division (A) of this section and the	401
requirement of division (E) of this section do not apply with	402
respect to the companies, payments, or agreements described in	403
divisions (F)(1) and (2) of this section, or in the circumstance	404
described in division (F)(3) of this section.	405

(1) A bonding company or a company authorized to transact the	406
business of insurance in this state, a self-insurance pool, joint	407
self-insurance pool, risk management program, or joint risk	408
management program, unless a court has entered a final judgment	409
against the company and the company has not yet satisfied the	410
final judgment.	411

(2) To medicaid provider agreements under Chapter 5111. of	412
the Revised Code or, payments or provider agreements under	413
disability assistance medical assistance established under Chapter	414
5115. of the Revised Code, or payments or provider agreements	415
under the children's buy-in program established under sections	416
5101.5211 to 5101.5216 of the Revised Code.	417

(3) When federal law dictates that a specified entity provide	418
the goods, services, or construction for which a contract is being	419
awarded, regardless of whether that entity would otherwise be	420
prohibited from entering into the contract pursuant to this	421
section.	422

(G)(1) This section applies only to contracts for goods,	423
services, or construction that satisfy the criteria in either	424
division (G)(1)(a) or (b) of this section. This section may apply	425
to contracts for goods, services, or construction that satisfy the	426
criteria in division (G)(1)(c) of this section, provided that the	427
contracts also satisfy the criteria in either division (G)(1)(a)	428
or (b) of this section.	429

(a) The cost for the goods, services, or construction	430
provided under the contract is estimated to exceed twenty-five	431
thousand dollars.	432

(b) The aggregate cost for the goods, services, or	433
construction provided under multiple contracts entered into by the	434
particular state agency and a single person or the particular	435
political subdivision and a single person within the fiscal year	436
preceding the fiscal year within which a contract is being entered	437
into by that same state agency and the same single person or the	438
same political subdivision and the same single person, exceeded	439
fifty thousand dollars.	440

(c) The contract is a renewal of a contract previously	441
entered into and renewed pursuant to that preceding contract.	442

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

443

(H) As used in this section:

444

(1) "State agency" has the same meaning as in section 9.66 of	445
the Revised Code.	446

(2) "Political subdivision" means a political subdivision as	447
defined in section 9.82 of the Revised Code that has received more	448
than fifty thousand dollars of state money in the current fiscal	449
year or the preceding fiscal year.	450

(3) "Finding for recovery" means a determination issued by	451
the auditor of state, contained in a report the auditor of state	452
gives to the attorney general pursuant to section 117.28 of the	453
Revised Code, that public money has been illegally expended,	454
public money has been collected but not been accounted for, public	455
money is due but has not been collected, or public property has	456
been converted or misappropriated.	457

(4) "Debtor" means a person against whom a finding for	458
recovery has been issued.	459

(5) "Person" means the person named in the finding for	460
recovery.	461

(6) "State money" does not include funds the state receives	462
from another source and passes through to a political	463
subdivision.	464

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

465

(1) "Energy price risk management contract" means a contract	466
that ~~mitigates~~is intended to mitigate, for the term of the	467
contract, the price volatility of energy sources, including, but	468
not limited to, a contract or futures contract for natural gas,	469
gasoline, oil, and diesel fuel, and that is a budgetary and	470
financial tool only and not a contract for the procurement of an	471
energy source.	472

(2) "Political subdivision" means a county, city, village,	473
township, park district, or school district, or regional transit	474
authority.	475

(3) "State entity" means the general assembly, the supreme	476
court, the court of claims, the office of an elected state	477
officer, or a department, bureau, board, office, commission,	478
agency, institution, or other instrumentality of this state	479
established by the constitution or laws of this state for the	480
exercise of any function of state government, but excludes a	481
political subdivision, an institution of higher education, the	482
public employees retirement system, the Ohio police and fire	483
pension fund, the state teachers retirement system, the school	484
employees retirement system, the state highway patrol retirement	485
system, or the city of Cincinnati retirement system.	486

(4) "State official" means the elected or appointed official,	487
or that person's designee, charged with the management of a state	488
entity.	489

(B) If it determines that doing so is in the best interest of	490
the state entity or the political subdivision, and subject to,	491
respectively, state or local appropriation to pay amounts due, a	492
state official or the legislative or other governing authority of	493
a political subdivision may enter into an energy price risk	494
management contract. Money received pursuant to such a contract	495
entered into by a state official shall be deposited to the	496
credit of the general revenue fund of this state, and, unless	497
otherwise provided by ordinance or resolution enacted or adopted	498
by the legislative authority of the political subdivision	499
authorizing any such contract, money received under the contract	500
shall be deposited to the credit of the general fund of the	501
political subdivision.	502

(C) An energy price risk management contract is not an	503
investment for the purposes of section 135.14 of the Revised Code.	504

Sec. 105.41. (A) There is hereby created the capitol square	505
review and advisory board, consisting of thirteen members as	506
follows:	507

(1) Two members of the senate, appointed by the president of	508
the senate, both of whom shall not be members of the same	509
political party;	510

(2) Two members of the house of representatives, appointed by	511
the speaker of the house of representatives, both of whom shall	512
not be members of the same political party;	513

(3) Five members appointed by the governor, with the advice	514
and consent of the senate, not more than three of whom shall be	515
members of the same political party, one of whom shall ~~represent~~	516
~~the office of the state architect and engineer~~be the chief of	517
staff of the governor's office, one of whom shall represent the	518
Ohio arts council, one of whom shall represent the Ohio historical	519
society, one of whom shall represent the Ohio building authority,	520
and one of whom shall represent the public at large;	521

(4) One member, who shall be a former president of the	522
senate, appointed by the current president of the senate. If the	523
current president of the senate, in the current president's	524
discretion, decides for any reason not to make the appointment or	525
if no person is eligible or available to serve, the seat shall	526
remain vacant.	527

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

(6) The clerk of the senate and the clerk of the house of	534
representatives.	535

(B) Terms of office of each appointed member of the board	536
shall be for three years, except that members of the general	537
assembly appointed to the board shall be members of the board only	538
so long as they are members of the general assembly and the chief	539
of staff of the governor's office shall be a member of the board	540
only so long as the appointing governor remains in office. Each	541
member shall hold office from the date of the member's appointment	542
until the end of the term for which the member was appointed. In	543
case of a vacancy occurring on the board, the president of the	544
senate, the speaker of the house of representatives, or the	545
governor, as the case may be, shall in the same manner prescribed	546
for the regular appointment to the commission, fill the vacancy	547
by appointing a member. Any member appointed to fill a vacancy	548
occurring prior to the expiration of the term for which the	549
member's predecessor was appointed shall hold office for the	550
remainder of the term. Any appointed member shall continue in	551
office subsequent to the expiration date of the member's term	552
until the member's successor takes office, or until a period of	553
sixty days has elapsed, whichever occurs first.	554

(C) The board shall hold meetings in a manner and at times	555
prescribed by the rules adopted by the board. A majority of the	556
board constitutes a quorum, and no action shall be taken by the	557
board unless approved by at least six members or by at least seven	558
members if a person is appointed under division (A)(4) or (5) of	559
this section. At its first meeting, the board shall adopt rules	560
for the conduct of its business and the election of its officers,	561
and shall organize by selecting a chairperson and other officers	562
as it considers necessary. Board members shall serve without	563
compensation but shall be reimbursed for actual and necessary	564
expenses incurred in the performance of their duties.	565

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

566

(1) Employ or hire on a consulting basis professional,	567
technical, and clerical employees as are necessary for the	568
performance of its duties;	569

(2) Hold public hearings at times and places as determined by	570
the board;	571

(3) Adopt, amend, or rescind rules necessary to accomplish	572
the duties of the board as set forth in this section;	573

(4) Sponsor, conduct, and support such social events as the	574
board may authorize and consider appropriate for the employees of	575
the board, employees and members of the general assembly,	576
employees of persons under contract with the board or otherwise	577
engaged to perform services on the premises of capitol square, or	578
other persons as the board may consider appropriate. Subject to	579
the requirements of Chapter 4303. of the Revised Code, the board	580
may provide beer, wine, and intoxicating liquor, with or without	581
charge, for those events and may use funds only from the sale of	582
goods and services fund to purchase the beer, wine, and	583
intoxicating liquor the board provides.	584

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

585

(1) Have sole authority to coordinate and approve any	586
improvements, additions, and renovations that are made to the	587
capitol square. The improvements shall include, but not be limited	588
to, the placement of monuments and sculpture on the capitol	589
grounds.	590

(2) Subject to section 3353.07 of the Revised Code, operate	591
the capitol square, and have sole authority to regulate all uses	592
of the capitol square. The uses shall include, but not be limited	593
to, the casual and recreational use of the capitol square.	594

(3) Employ, fix the compensation of, and prescribe the duties	595
of the executive director of the board and other employees the	596
board considers necessary for the performance of its powers and	597
duties;	598

(4) Establish and maintain the capitol collection trust. The	599
capitol collection trust shall consist of furniture, antiques, and	600
other items of personal property that the board shall store in	601
suitable facilities until they are ready to be ~~placed~~displayed in	602
the capitol square.	603

(5) Perform repair, construction, contracting, purchasing,	604
maintenance, supervisory, and operating activities the board	605
determines are necessary for the operation and maintenance of the	606
capitol square;	607

(6) Maintain and preserve the capitol square, in accordance	608
with guidelines issued by the United States secretary of the	609
interior for application of the secretary's standards for	610
rehabilitation adopted in 36 C.F.R. part 67;	611

(7) Plan and develop a center at the capitol building for the	612
purpose of educating visitors about the history of Ohio, including	613
its political, economic, and social development and the design and	614
erection of the capitol building and its grounds;	615

(8) Purchase a warehouse in which to store items of the	616
capitol collection trust and, whenever necessary, equipment or	617
other property of the board.	618

(F)(1) The board shall lease capital facilities improved or	619
financed by the Ohio building authority pursuant to Chapter 152.	620
of the Revised Code for the use of the board, and may enter into	621
any other agreements with the authority ancillary to improvement,	622
financing, or leasing of those capital facilities, including, but	623
not limited to, any agreement required by the applicable bond	624
proceedings authorized by Chapter 152. of the Revised Code. Any	625
lease of capital facilities authorized by this section shall be	626
governed by division (D) of section 152.24 of the Revised Code.	627

(2) Fees, receipts, and revenues received by the board from	628
the state underground parking garage constitute available receipts	629
as defined in section 152.09 of the Revised Code, and may be	630
pledged to the payment of bond service charges on obligations	631
issued by the Ohio building authority pursuant to Chapter 152. of	632
the Revised Code to improve or, finance, or purchase capital	633
facilities useful to the board. The authority may, with the	634
consent of the board, provide in the bond proceedings for a pledge	635
of all or a portion of those fees, receipts, and revenues as the	636
authority determines. The authority may provide in the bond	637
proceedings or by separate agreement with the board for the	638
transfer of those fees, receipts, and revenues to the appropriate	639
bond service fund or bond service reserve fund as required to pay	640
the bond service charges when due, and any such provision for the	641
transfer of those fees, receipts, and revenues shall be	642
controlling notwithstanding any other provision of law pertaining	643
to those fees, receipts, and revenues.	644

(3) All moneys received by the treasurer of state on account	645
of the board and required by the applicable bond proceedings or by	646
separate agreement with the board to be deposited, transferred, or	647
credited to the bond service fund or bond service reserve fund	648
established by the bond proceedings shall be transferred by the	649
treasurer of state to such fund, whether or not it is in the	650
custody of the treasurer of state, without necessity for further	651
appropriation, upon receipt of notice from the Ohio building	652
authority as prescribed in the bond proceedings.	653

(G) All fees, receipts, and revenues received by the board	654
from the state underground parking garage shall be deposited into	655
the state treasury to the credit of the underground parking garage	656
operating fund, which is hereby created, to be used for the	657
purposes specified in division (F) of this section and for the	658
operation and maintenance of the garage. All investment earnings	659
of the fund shall be credited to the fund.	660

(H) All donations received by the board shall be deposited	661
into the state treasury to the credit of the capitol square	662
renovation gift fund, which is hereby created. The fund shall be	663
used by the board as follows:	664

(1) To provide part or all of the funding related to	665
construction, goods, or services for the renovation of the capitol	666
square;	667

(2) To purchase art, antiques, and artifacts for display at	668
the capitol square;	669

(3) To award contracts or make grants to organizations for	670
educating the public regarding the historical background and	671
governmental functions of the capitol square. Chapters 125., 127.,	672
and 153. and section 3517.13 of the Revised Code do not apply to	673
purchases made exclusively from the fund, notwithstanding anything	674
to the contrary in those chapters or that section. All investment	675
earnings of the fund shall be credited to the fund.	676

(I) Except as provided in divisions (G), (H), and (J) of this	677
section, all fees, receipts, and revenues received by the board	678
shall be deposited into the state treasury to the credit of the	679
sale of goods and services fund, which is hereby created. Money	680
credited to the fund shall be used solely to pay costs of the	681
board other than those specified in divisions (F) and (G) of this	682
section. All investment earnings of the fund shall be credited to	683
the fund.	684

(J) There is hereby created in the state treasury the capitol	685
square improvement fund, to be used by the board to pay	686
construction, renovation, and other costs related to the capitol	687
square for which money is not otherwise available to the board.	688
Whenever the board determines that there is a need to incur those	689
costs and that the unencumbered, unobligated balance to the credit	690
of the underground parking garage operating fund exceeds the	691
amount needed for the purposes specified in division (F) of this	692
section and for the operation and maintenance of the garage, the	693
board may request the director of budget and management to	694
transfer from the underground parking garage operating fund to the	695
capitol square improvement fund the amount needed to pay such	696
construction, renovation, or other costs. The director then shall	697
transfer the amount needed from the excess balance of the	698
underground parking garage operating fund.	699

(K) As the operation and maintenance of the capitol square	700
constitute essential government functions of a public purpose, the	701
board shall not be required to pay taxes or assessments upon the	702
square, upon any property acquired or used by the board under this	703
section, or upon any income generated by the operation of the	704
square.	705

(L) As used in this section, "capitol square" means the	706
capitol building, senate building, capitol atrium, capitol	707
grounds, ~~and~~ the state underground parking garage, and the	708
warehouse owned by the board.	709

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

710

Sec. 107.19. The governor shall have no power to issue any	711
executive order that has previously been issued and that the	712
federal trade commission, office of policy planning, bureau of	713
economics, and bureau of competition has opined is	714
anti-competitive and is in violation of anti-trust laws. Any such	715
executive order shall be considered invalid and unenforceable.	716

Sec. 113.061. The treasurer of state shall adopt rules in	717
accordance with Chapter 119. of the Revised Code governing the	718
remittance of taxes by electronic funds transfer as required under	719
sections 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	720
~~5739.122, 5741.121,~~ 5745.04, and 5747.072 of the Revised Code and	721
any other section of the Revised Code under which a person is	722
required to remit taxes by electronic funds transfer. The rules	723
shall govern the modes of electronic funds transfer acceptable to	724
the treasurer of state and under what circumstances each mode is	725
acceptable, the content and format of electronic funds transfers,	726
the coordination of payment by electronic funds transfer and	727
filing of associated tax reports and returns, the remittance of	728
taxes by means other than electronic funds transfer by persons	729
otherwise required to do so but relieved of the requirement by the	730
treasurer of state, and any other matter that in the opinion of	731
the treasurer of state facilitates payment by electronic funds	732
transfer in a manner consistent with those sections.	733

Upon failure by a person, if so required, to remit taxes by	734
electronic funds transfer in the manner prescribed under section	735
5727.83, 5733.022, 5735.062, 5739.032, ~~5739.122, 5741.121,~~	736
5745.04, or 5747.072 of the Revised Code and rules adopted under	737
this section, the treasurer of state shall notify the tax	738
commissioner of such failure if the treasurer of state determines	739
that such failure was not due to reasonable cause or was due to	740
willful neglect, and shall provide the tax commissioner with any	741
information used in making that determination. The tax	742
commissioner may assess an additional charge as specified in the	743
respective section of the Revised Code governing the requirement	744
to remit taxes by electronic funds transfer.	745

The treasurer of state may implement means of acknowledging,	746
upon the request of a taxpayer, receipt of tax remittances made by	747
electronic funds transfer, and may adopt rules governing	748
acknowledgments. The cost of acknowledging receipt of electronic	749
remittances shall be paid by the person requesting acknowledgment.	750

The treasurer of state, not the tax commissioner, is	751
responsible for resolving any problems involving electronic funds	752
transfer transmissions.	753

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

754

(1) "Financial transaction device" includes a credit card,	755
debit card, charge card, prepaid or stored value card, or	756
automated clearinghouse network credit, debit, or e-check entry	757
that includes, but is not limited to, accounts receivable and	758
internet-initiated, point of purchase, and telephone-initiated	759
applications, or any other device or method for making an	760
electronic payment or transfer of funds.	761

(2) "State expenses" includes fees, costs, taxes,	762
assessments, fines, penalties, payments, or any other expense a	763
person owes to a state office under the authority of a state	764
elected official or to a state entity.	765

(3) "State elected official" means the governor, lieutenant	766
governor, attorney general, secretary of state, treasurer of	767
state, and auditor of state.	768

(4) "State entity" includes any state department, agency,	769
board, or commission that deposits funds into the state treasury.	770

(B) Notwithstanding any other section of the Revised Code and	771
subject to division (D) of this section, the board of deposit may	772
adopt a resolution authorizing the acceptance of payments by	773
financial transaction device to pay for state expenses. The	774
resolution shall include all of the following:	775

(1) A designation of those state elected officials and state	776
entities authorized to accept payments by financial transaction	777
device;	778

(2) A list of state expenses that may be paid by the use of a	779
financial transaction device;	780

(3) Specific identification of financial transaction devices	781
that a state elected official or state entity may authorize as	782
acceptable means of payment for state expenses. Division (B)(3)	783
of this section does not require that the same financial	784
transaction devices be accepted for the payment of different types	785
of state expenses.	786

(4) The amount, if any, authorized as a surcharge or	787
convenience fee under division (E) of this section for persons	788
using a financial transaction device. Division (B)(4) of this	789
section does not require that the same surcharges or convenience	790
fees be applied to the payment of different types of state	791
expenses.	792

(5) A specific requirement, as provided in division (G) of	793
this section, for the payment of a penalty if a payment made by	794
means of a financial transaction device is returned or dishonored	795
for any reason.	796

The board of deposit's resolution also shall designate the	797
treasurer of state as the administrative agent to solicit	798
proposals, within guidelines established by the board of deposit	799
in the resolution and in compliance with the procedures provided	800
in division (C) of this section, from financial institutions,	801
issuers of financial transaction devices, and processors of	802
financial transaction devices; to make recommendations about those	803
proposals to the state elected officials; and to assist state	804
offices in implementing the state's financial transaction device	805
acceptance and processing program.	806

(C) The administrative agent shall follow the procedures	807
provided in this division whenever it plans to contract with	808
financial institutions, issuers of financial transaction devices,	809
or processors of financial transaction devices for the purposes of	810
this section. The administrative agent shall request proposals	811
from at least three financial institutions, issuers of financial	812
transaction devices, or processors of financial transaction	813
devices, as appropriate in accordance with the resolution adopted	814
under division (B) of this section. Prior to sending any	815
financial institution, issuer, or processor a copy of any such	816
request, the administrative agent shall advertise its intent to	817
request proposals in a newspaper of general circulation in the	818
state once a week for two consecutive weeks. The notice shall	819
state that the administrative agent intends to request proposals;	820
specify the purpose of the request; indicate the date, which shall	821
be at least ten days after the second publication, on which the	822
request for proposals will be mailed to financial institutions,	823
issuers, or processors; and require that any financial	824
institution, issuer, or processor, whichever is appropriate,	825
interested in receiving the request for proposals submit written	826
notice of this interest to the administrative agent not later than	827
noon of the day on which the request for proposals will be mailed.	828

Upon receiving the proposals, the administrative agent shall	829
review them and make a recommendation to the board of deposit	830
regarding which proposals to accept. The board of deposit shall	831
consider the agent's recommendation and review all proposals	832
submitted, and then may choose to contract with any or all of the	833
entities submitting proposals, as appropriate. The board of	834
deposit shall provide any financial institution, issuer, or	835
processor that submitted a proposal, but with which the board does	836
not enter into a contract, notice that its proposal is rejected.	837

(D) The board of deposit shall send a copy of the resolution	838
adopted under division (B) of this section to each state elected	839
official and state entity authorized to accept payments for state	840
expenses by financial transaction device. After receiving the	841
resolution and before accepting such payments by financial	842
transaction device, such a state elected official or state entity	843
shall provide written notification to the administrative agent of	844
the official's or entity's intent to implement the resolution	845
within the official's or entity's office. Each state office or	846
entity subject to the board's resolution adopted under division	847
(B) of this section shall use only the financial institutions,	848
issuers of financial transaction devices, and processors of	849
financial transaction devices with which the board of deposit	850
contracts, and each such office or entity is subject to the terms	851
of those contracts.	852

If a state entity under the authority of a state elected	853
official is directly responsible for collecting one or more state	854
expenses and the state elected official determines not to accept	855
payments by financial transaction device for one or more of those	856
expenses, the office is not required to accept payments by	857
financial transaction device for those expenses, notwithstanding	858
the adoption of a resolution by the board of deposit under	859
division (B) of this section.	860

Any state entity that prior to March 18, 1999, accepted	861
financial transaction devices may continue to accept such devices	862
until June 30, 2000, without being subject to any resolution	863
adopted by the board of deposit under division (B) of this	864
section, or any other oversight by the board of the entity's	865
financial transaction device program. Any such entity may use	866
surcharges or convenience fees in any manner the state elected	867
official or other official in charge of the entity determines to	868
be appropriate, and, if the administrative agent consents, may	869
appoint the administrative agent to be the entity's administrative	870
agent for purposes of accepting financial transaction devices. In	871
order to be exempt from the resolution of the board of deposit	872
under division (B) of this section, a state entity shall notify	873
the board in writing within thirty days after March 18, 1999, that	874
it accepted financial transaction devices prior to March 18, 1999.	875
Each such notification shall explain how processing costs	876
associated with financial transaction devices are being paid and	877
shall indicate whether surcharge or convenience fees are being	878
passed on to consumers.	879

(E) The board of deposit may establish a surcharge or	880
convenience fee that may be imposed upon a person making payment	881
by a financial transaction device. The surcharge or convenience	882
fee shall not be imposed unless authorized or otherwise permitted	883
by the rules prescribed under a contract, between the financial	884
institution, issuer, or processor and the administrative agent,	885
governing the use and acceptance of the financial transaction	886
device.	887

The establishment of a surcharge or convenience fee shall	888
follow the guidelines of the financial institution, issuer of	889
financial transaction devices, or processor of financial	890
transaction devices with which the board of deposit contracts.	891

If a surcharge or convenience fee is imposed, every state	892
entity accepting payment by a financial transaction device,	893
regardless of whether that entity is subject to a resolution	894
adopted by the board of deposit, shall clearly post a notice in	895
the entity's office, and shall notify each person making a payment	896
by such a device, about the surcharge or fee. Notice to each	897
person making a payment shall be provided regardless of the medium	898
used to make the payment and in a manner appropriate to that	899
medium. Each notice shall include all of the following:	900

(1) A statement that there is a surcharge or convenience fee	901
for using a financial transaction device;	902

(2) The total amount of the charge or fee expressed in	903
dollars and cents for each transaction, or the rate of the charge	904
or fee expressed as a percentage of the total amount of the	905
transaction, whichever is applicable;	906

(3) A clear statement that the surcharge or convenience fee	907
is nonrefundable.	908

(F) If a person elects to make a payment by a financial	909
transaction device and a surcharge or convenience fee is imposed,	910
the payment of the surcharge or convenience fee is not refundable.	911

(G) If a person makes payment by a financial transaction	912
device and the payment is returned or dishonored for any reason,	913
the person is liable to the state for the state expense and any	914
reimbursable costs for collection, including banking charges,	915
legal fees, or other expenses incurred by the state in collecting	916
the returned or dishonored payment. The remedies and procedures	917
provided in this section are in addition to any other available	918
civil or criminal remedies provided by law.	919

(H) No person making any payment by a financial transaction	920
device to a state office shall be relieved from liability for the	921
underlying obligation, except to the extent that the state	922
realizes final payment of the underlying obligation in cash or its	923
equivalent. If final payment is not made by the financial	924
transaction device issuer or other guarantor of payment in the	925
transaction, the underlying obligation survives and the state	926
shall retain all remedies for enforcement that would have applied	927
if the transaction had not occurred.	928

(I) A state entity or employee who accepts a financial	929
transaction device payment in accordance with this section and any	930
applicable state or local policies or rules is immune from	931
personal liability for the final collection of such payments as	932
specified in section 9.87 of the Revised Code.	933

(J) The administrative agent, in cooperation with the office	934
of budget and management, may adopt, amend, and rescind rules in	935
accordance with section 111.15 of the Revised Code to implement	936
this section.	937

Sec. 117.13. (A) The costs of audits of state agencies shall	938
be recovered by the auditor of state in the following manner:	939

(1) The costs of all audits of state agencies shall be paid	940
to the auditor of state on statements rendered by the auditor of	941
state. Money so received by the auditor of state shall be paid	942
into the state treasury to the credit of the public audit expense	943
fund--intrastate, which is hereby created, and shall be used to	944
pay costs related to such audits. The costs of all annual and	945
special audits of a state agency shall be charged to the state	946
agency being audited. The costs of all biennial audits of a state	947
agency shall be paid from money appropriated to the department of	948
administrative services for that purpose. The costs of any	949
assistant auditor, employee, or expert employed pursuant to	950
section 117.09 of the Revised Code called upon to testify in any	951
legal proceedings in regard to any audit, or called upon to review	952
or discuss any matter related to any audit, may be charged to the	953
state agency to which the audit relates.	954

(2) The auditor of state shall establish by rule rates to be	955
charged to state agencies or to the department of administrative	956
services for recovering the costs of audits of state agencies.	957

(B) As used in this division, "government auditing standards"	958
means the government auditing standards published by the	959
comptroller general of the United States general accounting	960
office.	961

(1) Except as provided in divisions (B)(2) and (3) of this	962
section, any costs of an audit of a private institution,	963
association, board, or corporation receiving public money for its	964
use shall be charged to the public office providing the public	965
money in the same manner as costs of an audit of the public	966
office.	967

(2) If an audit of a private child placing agency or private	968
noncustodial agency receiving public money from a public children	969
services agency for providing child welfare or child protection	970
services sets forth that money has been illegally expended,	971
converted, misappropriated, or is unaccounted for, the costs of	972
the audit shall be charged to the agency being audited in the same	973
manner as costs of an audit of a public office, unless the	974
findings are inconsequential, as defined by government auditing	975
standards.	976

(3) If such an audit does not set forth that money has been	977
illegally expended, converted, misappropriated, or is unaccounted	978
for or sets forth findings that are inconsequential, as defined by	979
government auditing standards, the costs of the audit shall be	980
charged as follows:	981

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

982

(b) One-third of the costs to the public children services	983
agency that provided the public money to the agency being audited;	984

(c) One-third of the costs to the department of job and	985
family services.	986

(C) The costs of audits of local public offices shall be	987
recovered by the auditor of state in the following manner:	988

(1) The total amount of compensation paid assistant auditors	989
of state, their expenses, the cost of employees assigned to assist	990
the assistant auditors of state, the cost of experts employed	991
pursuant to section 117.09 of the Revised Code, and the cost of	992
typing, reviewing, and copying reports shall be borne by the	993
public office to which such assistant auditors of state are so	994
assigned, except that annual vacation and sick leave of assistant	995
auditors of state, employees, and typists shall be financed from	996
the general revenue fund. The necessary traveling and hotel	997
expenses of the deputy inspectors and supervisors of public	998
offices shall be paid from the state treasury. Assistant auditors	999
of state shall be compensated by the taxing district or other	1000
public office audited for activities undertaken pursuant to	1001
division (B) of section 117.18 and section 117.24 of the Revised	1002
Code. The costs of any assistant auditor, employee, or expert	1003
employed pursuant to section 117.09 of the Revised Code called	1004
upon to testify in any legal proceedings in regard to any audit,	1005
or called upon to review or discuss any matter related to any	1006
audit, may be charged to the public office to which the audit	1007
relates.	1008

(2) The auditor of state shall certify the amount of such	1009
compensation, expenses, cost of experts, reviewing, copying, and	1010
typing to the fiscal officer of the local public office audited.	1011
The fiscal officer of the local public office shall forthwith draw	1012
a warrant upon the general fund or other appropriate funds of the	1013
local public office to the order of the auditor of state;	1014
provided, that the auditor of state is authorized to negotiate	1015
with any local public office and, upon agreement between the	1016
auditor of state and the local public office, may adopt a schedule	1017
for payment of the amount due under this section. Money so	1018
received by the auditor of state shall be paid into the state	1019
treasury to the credit of the public audit expense fund--local	1020
government, which is hereby created, and shall be used to pay the	1021
compensation, expense, cost of experts and employees, reviewing,	1022
copying, and typing of reports.	1023

(3) At the conclusion of each audit, or analysis and report	1024
made pursuant to section 117.24 of the Revised Code, the auditor	1025
of state shall furnish the fiscal officer of the local public	1026
office audited a statement showing the total cost of the audit, or	1027
of the audit and the analysis and report, and the percentage of	1028
the total cost chargeable to each fund audited. The fiscal officer	1029
may distribute such total cost to each fund audited in accordance	1030
with its percentage of the total cost.	1031

(4) The auditor of state shall provide each local public	1032
office a statement or certification of the amount due from the	1033
public office for services performed by the auditor of state under	1034
this or any other section of the Revised Code, as well as the date	1035
upon which payment is due to the auditor of state. Any local	1036
public office that does not pay the amount due to the auditor of	1037
state by that date may be assessed by the auditor of state for	1038
interest from the date upon which the payment is due at the rate	1039
per annum prescribed by section 5703.47 of the Revised Code. All	1040
interest charges assessed by the auditor of state may be collected	1041
in the same manner as audit costs pursuant to division (D) of this	1042
section.	1043

(D) If the auditor of state fails to receive payment for any	1044
amount due, including, but not limited to, fines, fees, and costs,	1045
from a public office for services performed under this or any	1046
other section of the Revised Code, the auditor of state may seek	1047
payment through the office of budget and management. (Amounts due	1048
include any amount due to an independent public accountant with	1049
whom the auditor has contracted to perform services, all costs and	1050
fees associated with participation in the uniform accounting	1051
network, and all costs associated with the auditor's provision of	1052
local government services.) Upon certification by the auditor of	1053
state to the director of budget and management of any such amount	1054
due, the director shall withhold from the public office any amount	1055
available, up to and including the amount certified as due, from	1056
any funds under the director's control that belong to or are	1057
lawfully payable or due to the public office. The director shall	1058
promptly pay the amount withheld to the auditor of state. If the	1059
director determines that no funds due and payable to the public	1060
office are available or that insufficient amounts of such funds	1061
are available to cover the amount due, the director shall withhold	1062
and pay to the auditor of state the amounts available and, in the	1063
case of a local public office, certify the remaining amount to the	1064
county auditor of the county in which the local public office is	1065
located. The county auditor shall withhold from the local public	1066
office any amount available, up to and including the amount	1067
certified as due, from any funds under the county auditor's	1068
control and belonging to or lawfully payable or due to the local	1069
public office. The county auditor shall promptly pay any such	1070
amount withheld to the auditor of state.	1071

Sec. 117.38. Each public office, other than a state agency,	1072
shall file a financial report for each fiscal year. The auditor of	1073
state may prescribe forms by rule or may issue guidelines, or	1074
both, for such reports. If the auditor of state has not prescribed	1075
a rule regarding the form for the report, the public office shall	1076
submit its report on the form utilized by the public office.	1077

The report shall be certified by the proper officer or board	1078
and filed with the auditor of state within sixty days after the	1079
close of the fiscal year, except that public offices reporting	1080
pursuant to generally accepted accounting principles shall file	1081
their reports within one hundred fifty days after the close of the	1082
fiscal year. The auditor of state may extend the deadline for	1083
filing a financial report and establish terms and conditions for	1084
any such extension. At the time the report is filed with the	1085
auditor of state, the chief fiscal officer, except as otherwise	1086
provided in section 319.11 of the Revised Code, shall publish	1087
notice in a newspaper published in the political subdivision or	1088
taxing district, and if there is no such newspaper, then in a	1089
newspaper of general circulation in the political subdivision or	1090
taxing district. The notice shall state that the financial report	1091
has been completed by the public office and is available for	1092
public inspection at the office of the chief fiscal officer.	1093

The report shall contain the following:

1094

(A) Amount of collections and receipts, and accounts due from	1095
each source;	1096

(B) Amount of expenditures for each purpose;

1097

(C) Income of each public service industry owned or operated	1098
by a municipal corporation, and the cost of such ownership or	1099
operation;	1100

(D) Amount of public debt of each taxing district, the	1101
purpose for which each item of such debt was created, and the	1102
provision made for the payment thereof. The substance of the	1103
report shall be published at the expense of the state in an annual	1104
volume of statistics, which shall be submitted to the governor.	1105
The auditor of state shall transmit the report to the general	1106
assembly at its next session.	1107

Any public office, other than a state agency, that does not	1108
file its financial report at the time required by this section	1109
shall pay to the auditor of state twenty-five dollars for each day	1110
the report remains unfiled after the filing date; provided, that	1111
the penalty payments shall not exceed the sum of seven hundred	1112
fifty dollars. The auditor of state may waive all or any part of	1113
the penalty assessed under this section upon the filing of the	1114
past due financial report. All sums collected from such penalties	1115
shall be placed in the public audit expense fund--local	1116
government. ~~The~~If the auditor of state ~~may deduct~~fails to	1117
receive payment for penalties not paid within one year from the	1118
required filing date ~~from any funds under the auditor of state's~~	1119
~~control belonging to the public office. If funds are withheld from~~	1120
~~a county because of the failure of a taxing district located in~~	1121
~~whole or in part within the county to file, the county may deduct~~	1122
~~the amount of penalty from any revenues due the delinquent~~	1123
~~district~~, the auditor may recover the penalties through the	1124
process in division (D) of section 117.13 of the Revised Code.	1125

Every county agency, board, or commission shall provide to	1126
the county auditor, not later than the first day of March each	1127
year unless a later date is authorized by the county auditor, all	1128
information determined by the county auditor to be necessary for	1129
the preparation of the report required by this section.	1130

Sec. 120.08. There is hereby created in the state treasury	1131
the indigent defense support fund, consisting of money paid into	1132
the fund pursuant to section 4511.19 of the Revised Code and	1133
pursuant to section 2949.094 of the Revised Code out of the	1134
additional court costs imposed under that section. The state	1135
public defender shall use the money in the fund for the purpose	1136
of reimbursing county governments for expenses incurred pursuant	1137
to sections 120.18, 120.28, and 120.33 of the Revised Code.	1138
Disbursements from the fund to county governments shall be made	1139
in each state fiscal year and shall be allocated proportionately	1140
so that each county receives an equal percentage of its total	1141
cost for operating its county public defender system, its joint	1142
county public defender system, or its county appointed counsel	1143
system.	1144

Sec. 121.31. There is hereby created the commission on	1145
Hispanic-Latino affairs consisting of eleven voting members	1146
appointed by the governor with the advice and consent of the	1147
senate and two ex officio, nonvoting members who are members of	1148
the general assembly. The speaker of the house of representatives	1149
shall recommend to the governor two persons for appointment to the	1150
commission, the president of the senate shall recommend to the	1151
governor two such persons, and the minority leaders of the house	1152
and senate shall each recommend to the governor one such person.	1153
The governor shall make initial appointments to the commission. Of	1154
the initial appointments made to the commission, three shall be	1155
for a term ending October 7, 1978, four shall be for a term ending	1156
October 7, 1979, and four shall be for a term ending October 7,	1157
1980. ~~Thereafter~~One ex officio member of the commission shall be	1158
a member of the house of representatives appointed by the speaker	1159
of the house of representatives and one ex officio member of the	1160
commission shall be a member of the senate appointed by the	1161
president of the senate. When making their initial appointments,	1162
the speaker shall appoint a member of the house of representatives	1163
who is affiliated with the minority political party in the house	1164
of representatives and the president shall appoint a member of the	1165
senate who is affiliated with the majority political party in the	1166
senate; in making subsequent appointments the speaker and the	1167
president each shall alternate the political party affiliation of	1168
the members they appoint to the commission. The speaker and	1169
president shall make their initial appointments so that the	1170
initial ex officio members begin their terms October 7, 2008.	1171

After the initial appointments by the governor, terms of	1172
office shall be for three years, ~~each~~except that members of the	1173
general assembly appointed to the commission shall be members of	1174
the commission only so long as they are members of the general	1175
assembly. Each term ~~ending~~shall end on the same day of the same	1176
month of the year as did the term which it succeeds. Each member	1177
shall hold office from the date of appointment until the end of	1178
the term for which the member was appointed. Vacancies shall be	1179
filled in the same manner as the original appointment. Any member	1180
appointed to fill a vacancy occurring prior to the expiration of	1181
the term for which the member's predecessor was appointed shall	1182
hold office for the remainder of such term. Any member shall	1183
continue in office subsequent to the expiration date of the	1184
member's term until the member's successor takes office, or until	1185
a period of sixty days has elapsed, whichever occurs first. At the	1186
first organizational meeting of the commission, the original	1187
eleven members shall draw lots to determine the length of the term	1188
each member shall serve.	1189

All voting members of the commission shall speak Spanish,	1190
shall be of Spanish-speaking origin, and shall be American	1191
citizens or lawful, permanent, resident aliens. ~~Members~~Voting	1192
members shall be from urban, suburban, and rural geographical	1193
areas representative of Spanish-speaking people with a numerical	1194
and geographical balance of the Spanish-speaking population	1195
throughout the state.	1196

The commission shall meet not less than six times per	1197
calendar year. The commission shall elect a chairperson,	1198
vice-chairperson, and other officers from its voting members as it	1199
considers advisable. Six voting members constitute a quorum. The	1200
commission shall adopt rules governing its procedures. No action	1201
of the commission is valid without the concurrence of six members.	1202

Each voting member shall be compensated for work as a member	1203
for each day that the member is actually engaged in the	1204
performance of work as a member. No voting member shall be	1205
compensated for more than one day each month. In addition, each	1206
voting member shall be reimbursed for all actual and necessary	1207
expenses incurred in the performance of official business.	1208

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

1209

(1) "Capital investment project" means a plan of investment	1210
at a project site for the acquisition, construction, renovation,	1211
or repair of buildings, machinery, or equipment, or for	1212
capitalized costs of basic research and new product development	1213
determined in accordance with generally accepted accounting	1214
principles, but does not include any of the following:	1215

(a) Payments made for the acquisition of personal property	1216
through operating leases;	1217

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

1218

(c) Payments made to a related member as defined in section	1219
5733.042 of the Revised Code or to an elected consolidated	1220
taxpayer or a combined taxpayer as defined in section 5751.01 of	1221
the Revised Code.	1222

(2) "Eligible business" means a business with Ohio operations	1223
satisfying all of the following:	1224

(a) Employed an average of at least one thousand employees in	1225
full-time employment positions at a project site during each of	1226
the twelve months preceding the application for a tax credit under	1227
this section; and	1228

(b) On or after January 1, 2002, has made or has caused to be	1229
made payments for the capital investment project, including	1230
payments made by an unrelated third party entity as a result of a	1231
lease of not less than twenty years in term, of either of the	1232
following:	1233

(i) At least two hundred million dollars in the aggregate at	1234
the project site during a period of three consecutive calendar	1235
years, including the calendar year that includes a day of the	1236
taxpayer's taxable year or tax period with respect to which the	1237
credit is granted;	1238

(ii) If the average wage of all full-time employment	1239
positions at the project site is greater than four hundred per	1240
cent of the federal minimum wage, at least one hundred million	1241
dollars in the aggregate at the project site during a period of	1242
three consecutive calendar years including the calendar year that	1243
includes a day of the taxpayer's taxable year or tax period with	1244
respect to which the credit is granted.	1245

(c) Is engaged at the project site primarily as a	1246
manufacturer or is providing significant corporate administrative	1247
functions. If the investment under division (A)(2)(b) of this	1248
section was made by a third party entity as a result of a lease of	1249
not less than twenty years in term, the project must include	1250
headquarters operations that are part of a mixed use development	1251
that includes at least two of the following: office, hotel,	1252
research and development, or retail facilities.	1253

(d) Has had a capital investment project reviewed and	1254
approved by the tax credit authority as provided in divisions (C),	1255
(D), and (E) of this section.	1256

(3) "Full-time employment position" means a position of	1257
employment for consideration for at least an average of	1258
thirty-five hours a week that has been filled for at least one	1259
hundred eighty days immediately preceding the filing of an	1260
application under this section and for at least one hundred eighty	1261
days during each taxable year or each calendar year that includes	1262
a tax period with respect to which the credit is granted, or is	1263
employed in such position for consideration for such time, but is	1264
on active duty reserve or Ohio national guard service.	1265

(4) "Manufacturer" has the same meaning as in section	1266
5739.011 of the Revised Code.	1267

(5) "Project site" means an integrated complex of facilities	1268
in this state, as specified by the tax credit authority under this	1269
section, within a fifteen-mile radius where a taxpayer is	1270
primarily operating as an eligible business.	1271

(6) "Applicable corporation" means a corporation satisfying	1272
all of the following:	1273

(a)(i) For the entire taxable year immediately preceding the	1274
tax year, the corporation develops software applications primarily	1275
to provide telecommunication billing and information services	1276
through outsourcing or licensing to domestic or international	1277
customers.	1278

(ii) Sales and licensing of software generated at least six	1279
hundred million dollars in revenue during the taxable year	1280
immediately preceding the tax year the corporation is first	1281
entitled to claim the credit provided under division (B) of this	1282
section.	1283

(b) For the entire taxable year immediately preceding the tax	1284
year, the corporation or one or more of its related members	1285
provides customer or employee care and technical support for	1286
clients through one or more contact centers within this state, and	1287
the corporation and its related members together have a daily	1288
average, based on a three-hundred-sixty-five-day year, of at least	1289
five hundred thousand successful customer contacts through one or	1290
more of their contact centers, wherever located.	1291

(c) The corporation is eligible for the credit under division	1292
(B) of this section for the tax year.	1293

(7) "Related member" has the same meaning as in section	1294
5733.042 of the Revised Code as that section existed on the	1295
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1296
general assembly, September 29, 1997.	1297

(8) "Successful customer contact" means a contact with an end	1298
user via telephone, including interactive voice recognition or	1299
similar means, where the contact culminates in a conversation or	1300
connection other than a busy signal or equipment busy.	1301

(9) "Telecommunications" means all forms of	1302
telecommunications service as defined in section 5739.01 of the	1303
Revised Code, and includes services in wireless, wireline, cable,	1304
broadband, internet protocol, and satellite.	1305

(10)(a) "Applicable difference" means the difference between	1306
the tax for the tax year under Chapter 5733. of the Revised Code	1307
applying the law in effect for that tax year, and the tax for that	1308
tax year if section 5733.042 of the Revised Code applied as that	1309
section existed on the effective date of its amendment by Am. Sub.	1310
H.B. 215 of the 122nd general assembly, September 29, 1997,	1311
subject to division (A)(10)(b) of this section.	1312

(b) If the tax rate set forth in division (B) of section	1313
5733.06 of the Revised Code for the tax year is less than eight	1314
and one-half per cent, the tax calculated under division	1315
(A)(10)(a) of this section shall be computed by substituting a tax	1316
rate of eight and one-half per cent for the rate set forth in	1317
division (B) of section 5733.06 of the Revised Code for the tax	1318
year.	1319

(c) If the resulting difference is negative, the applicable	1320
tax difference for the tax year shall be zero.	1321

(B) The tax credit authority created under section 122.17 of	1322
the Revised Code may grant tax credits under this section for the	1323
purpose of fostering job retention in this state. Upon application	1324
by an eligible business and upon consideration of the	1325
recommendation of the director of budget and management, tax	1326
commissioner, and director of development under division (C) of	1327
this section, the tax credit authority may grant to an eligible	1328
business a nonrefundable credit against the tax imposed by section	1329
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1330
taxable years and against the tax levied by Chapter 5751. of the	1331
Revised Code for a period of up to fifteen calendar years	1332
provided, however, that if the project site is leased, the term of	1333
the tax credit cannot exceed the lesser of fifteen years or	1334
one-half the term of the lease, including any permitted renewal	1335
periods. The credit shall be in an amount not exceeding	1336
seventy-five per cent of the Ohio income tax withheld from the	1337
employees of the eligible business occupying full-time employment	1338
positions at the project site during the calendar year that	1339
includes the last day of such business' taxable year or tax period	1340
with respect to which the credit is granted. The amount of the	1341
credit shall not be based on the Ohio income tax withheld from	1342
full-time employees for a calendar year prior to the calendar year	1343
in which the minimum investment requirement referred to in	1344
division (A)(2)(b) of this section is completed. The credit shall	1345
be claimed only for the taxable years or tax periods specified in	1346
the eligible business' agreement with the tax credit authority	1347
under division (E) of this section, but in no event shall the	1348
credit be claimed for a taxable year or tax period terminating	1349
before the date specified in the agreement. Any credit granted	1350
under this section against the tax imposed by section 5733.06 or	1351
5747.02 of the Revised Code, to the extent not fully utilized	1352
against such tax for taxable years ending prior to 2008, shall	1353
automatically be converted without any action taken by the tax	1354
credit authority to a credit against the tax levied under Chapter	1355
5751. of the Revised Code for tax periods beginning on or after	1356
July 1, 2008, provided that the person to whom the credit was	1357
granted is subject to such tax. The converted credit shall apply	1358
to those calendar years in which the remaining taxable years	1359
specified in the agreement end.	1360

The credit computed under this division is in addition to any	1361
credit allowed under division (M) of this section, which the tax	1362
credit authority may also include in the agreement.	1363

Any unused portion of a tax credit may be carried forward for	1364
not more than three additional years after the year for which the	1365
credit is granted.	1366

(C) A taxpayer that proposes a capital investment project to	1367
retain jobs in this state may apply to the tax credit authority to	1368
enter into an agreement for a tax credit under this section. The	1369
director of development shall prescribe the form of the	1370
application. After receipt of an application, the authority shall	1371
forward copies of the application to the director of budget and	1372
management, the tax commissioner, and the director of development,	1373
each of whom shall review the application to determine the	1374
economic impact the proposed project would have on the state and	1375
the affected political subdivisions and shall submit a summary of	1376
their determinations and recommendations to the authority.	1377

(D) Upon review of the determinations and recommendations	1378
described in division (C) of this section, the tax credit	1379
authority may enter into an agreement with the taxpayer for a	1380
credit under this section if the authority determines all of the	1381
following:	1382

(1) The taxpayer's capital investment project will result in	1383
the retention of full-time employment positions in this state.	1384

(2) The taxpayer is economically sound and has the ability to	1385
complete the proposed capital investment project.	1386

(3) The taxpayer intends to and has the ability to maintain	1387
operations at the project site for at least ~~twice~~the greater of	1388
(a) the term of the credit plus three years, or (b) seven years.	1389

(4) Receiving the credit is a major factor in the taxpayer's	1390
decision to begin, continue with, or complete the project.	1391

(5) The political subdivisions in which the project is	1392
located have agreed to provide substantial financial support to	1393
the project.	1394

(E) An agreement under this section shall include all of the	1395
following:	1396

(1) A detailed description of the project that is the subject	1397
of the agreement, including the amount of the investment, the	1398
period over which the investment has been or is being made, and	1399
the number of full-time employment positions at the project site.	1400

(2) The method of calculating the number of full-time	1401
employment positions as specified in division (A)(3) of this	1402
section.	1403

(3) The term and percentage of the tax credit, and the first	1404
year for which the credit may be claimed.	1405

(4) A requirement that the taxpayer maintain operations at	1406
the project site for at least ~~twice~~ the ~~number of years as~~greater	1407
of (a) the term of the credit plus three years, or (b) seven	1408
years.	1409

(5) A requirement that the taxpayer retain a specified number	1410
of full-time employment positions at the project site and within	1411
this state for the term of the credit, including a requirement	1412
that the taxpayer continue to employ at least one thousand	1413
employees in full-time employment positions at the project site	1414
during the entire term of any agreement, subject to division	1415
(E)(7) of this section.	1416

(6) A requirement that the taxpayer annually report to the	1417
director of development the number of full-time employment	1418
positions subject to the credit, the amount of tax withheld from	1419
employees in those positions, the amount of the payments made for	1420
the capital investment project, and any other information the	1421
director needs to perform the director's duties under this	1422
section.	1423

(7) A requirement that the director of development annually	1424
review the annual reports of the taxpayer to verify the	1425
information reported under division (E)(6) of this section and	1426
compliance with the agreement. Upon verification, the director	1427
shall issue a certificate to the taxpayer stating that the	1428
information has been verified and identifying the amount of the	1429
credit for the taxable year. Unless otherwise specified by the tax	1430
credit authority in a resolution and included as part of the	1431
agreement, the director shall not issue a certificate for any year	1432
in which the total number of filled full-time employment positions	1433
for each day of the calendar year divided by three hundred	1434
sixty-five is less than ninety per cent of the full-time	1435
employment positions specified in division (E)(5) of this section.	1436
In determining the number of full-time employment positions, no	1437
position shall be counted that is filled by an employee who is	1438
included in the calculation of a tax credit under section 122.17	1439
of the Revised Code.	1440

(8)(a) A provision requiring that the taxpayer, except as	1441
otherwise provided in division (E)(8)(b) of this section, shall	1442
not relocate employment positions from elsewhere in this state to	1443
the project site that is the subject of the agreement for the	1444
lesser of five years from the date the agreement is entered into	1445
or the number of years the taxpayer is entitled to claim the	1446
credit.	1447

(b) The taxpayer may relocate employment positions from	1448
elsewhere in this state to the project site that is the subject of	1449
the agreement if the director of development determines both of	1450
the following:	1451

(i) That the site from which the employment positions would	1452
be relocated is inadequate to meet market and industry	1453
conditions, expansion plans, consolidation plans, or other	1454
business considerations affecting the taxpayer;	1455

(ii) That the legislative authority of the county, township,	1456
or municipal corporation from which the employment positions would	1457
be relocated has been notified of the relocation.	1458

For purposes of this section, the movement of an employment	1459
position from one political subdivision to another political	1460
subdivision shall be considered a relocation of an employment	1461
position unless the movement is confined to the project site. The	1462
transfer of an individual employee from one political subdivision	1463
to another political subdivision shall not be considered a	1464
relocation of an employment position as long as the individual's	1465
employment position in the first political subdivision is	1466
refilled.	1467

(9) A waiver by the taxpayer of any limitations periods	1468
relating to assessments or adjustments resulting from the	1469
taxpayer's failure to comply with the agreement.	1470

(F) If a taxpayer fails to meet or comply with any condition	1471
or requirement set forth in a tax credit agreement, the tax credit	1472
authority may amend the agreement to reduce the percentage or term	1473
of the credit. The reduction of the percentage or term shall take	1474
effect (1) in the taxable year immediately following the taxable	1475
year in which the authority amends the agreement or the director	1476
of development notifies the taxpayer in writing of such failure,	1477
or (2) in the first tax period beginning in the calendar year	1478
immediately following the calendar year in which the authority	1479
amends the agreement or the director notifies the taxpayer in	1480
writing of such failure. If the taxpayer fails to annually report	1481
any of the information required by division (E)(6) of this section	1482
within the time required by the director, the reduction of the	1483
percentage or term may take effect in the current taxable year. If	1484
the taxpayer relocates employment positions in violation of the	1485
provision required under division ~~(D)(8)(a)~~(E)(8)(a) of this	1486
section, the taxpayer shall not claim the tax credit under	1487
section 5733.0610 of the Revised Code for any tax years	1488
following the calendar year in which the relocation occurs, shall	1489
not claim the tax credit under section 5747.058 of the Revised	1490
Code for the taxable year in which the relocation occurs and any	1491
subsequent taxable years, and shall not claim the tax credit	1492
under division (A) of section 5751.50 of the Revised Code for	1493
the tax period in which the relocation occurs and any subsequent	1494
tax periods.	1495

(G) Financial statements and other information submitted to	1496
the department of development or the tax credit authority by an	1497
applicant for or recipient of a tax credit under this section, and	1498
any information taken for any purpose from such statements or	1499
information, are not public records subject to section 149.43 of	1500
the Revised Code. However, the chairperson of the authority may	1501
make use of the statements and other information for purposes of	1502
issuing public reports or in connection with court proceedings	1503
concerning tax credit agreements under this section. Upon the	1504
request of the tax commissioner, the chairperson of the authority	1505
shall provide to the commissioner any statement or other	1506
information submitted by an applicant for or recipient of a tax	1507
credit in connection with the credit. The commissioner shall	1508
preserve the confidentiality of the statement or other	1509
information.	1510

(H) A taxpayer claiming a tax credit under this section shall	1511
submit to the tax commissioner a copy of the director of	1512
development's certificate of verification under division (E)(7) of	1513
this section with the taxpayer's tax report or return for the	1514
taxable year or for the calendar year that includes the tax	1515
period. Failure to submit a copy of the certificate with the	1516
report or return does not invalidate a claim for a credit if the	1517
taxpayer submits a copy of the certificate to the commissioner	1518
within sixty days after the commissioner requests it.	1519

(I) For the purposes of this section, a taxpayer may include	1520
a partnership, a corporation that has made an election under	1521
subchapter S of chapter one of subtitle A of the Internal Revenue	1522
Code, or any other business entity through which income flows as a	1523
distributive share to its owners. A partnership, S-corporation, or	1524
other such business entity may elect to pass the credit received	1525
under this section through to the persons to whom the income or	1526
profit of the partnership, S-corporation, or other entity is	1527
distributed. The election shall be made on the annual report	1528
required under division (E)(6) of this section. The election	1529
applies to and is irrevocable for the credit for which the report	1530
is submitted. If the election is made, the credit shall be	1531
apportioned among those persons in the same proportions as those	1532
in which the income or profit is distributed.	1533

(J) If the director of development determines that a taxpayer	1534
that received a tax credit under this section is not complying	1535
with the requirement under division (E)(4) of this section, the	1536
director shall notify the tax credit authority of the	1537
noncompliance. After receiving such a notice, and after giving the	1538
taxpayer an opportunity to explain the noncompliance, the	1539
authority may terminate the agreement and require the taxpayer to	1540
refund to the state all or a portion of the credit claimed in	1541
previous years, as follows:	1542

(1) If the taxpayer maintained operations at the project site	1543
for less than the term of the credit, the amount required to be	1544
refunded shall not exceed the amount of any tax credits	1545
previously allowed and received under this section.	1546

(2) If the taxpayer maintained operations at the project site	1547
longer than the term of the credit, but less than ~~one and~~	1548
~~one-half times~~the greater of (a) the term of the credit plus	1549
three years, or (b) seven years, the amount required to be	1550
refunded shall not exceed fifty per cent of the sum of any tax	1551
credits previously allowed and received under this section.	1552

~~(3) If the taxpayer maintained operations at the project site~~	1553
~~for at least one and one-half times the term of the credit but~~	1554
~~less than twice the term of the credit, the amount required to be~~	1555
~~refunded shall not exceed twenty-five per cent of the sum of any~~	1556
~~tax credits previously allowed and received under this section.~~	1557

In determining the portion of the credit to be refunded to	1558
this state, the authority shall consider the effect of market	1559
conditions on the taxpayer's project and whether the taxpayer	1560
continues to maintain other operations in this state. After making	1561
the determination, the authority shall certify the amount to be	1562
refunded to the tax commissioner. The commissioner shall make an	1563
assessment for that amount against the taxpayer under Chapter	1564
5733., 5747., or 5751. of the Revised Code. The time limitations	1565
on assessments under those chapters do not apply to an assessment	1566
under this division, but the commissioner shall make the	1567
assessment within one year after the date the authority certifies	1568
to the commissioner the amount to be refunded.	1569

If the director of development determines that a taxpayer	1570
that received a tax credit under this section has reduced the	1571
number of employees agreed to under division (E)(5) of this	1572
section by more than ten per cent, the director shall notify the	1573
tax credit authority of the noncompliance. After receiving such	1574
notice, and after providing the taxpayer an opportunity to explain	1575
the noncompliance, the authority may amend the agreement to reduce	1576
the percentage or term of the tax credit. The reduction in the	1577
percentage or term shall take effect in the taxable year, or in	1578
the calendar year that includes the tax period, in which the	1579
authority amends the agreement.	1580

(K) The director of development, after consultation with the	1581
tax commissioner and in accordance with Chapter 119. of the	1582
Revised Code, shall adopt rules necessary to implement this	1583
section. The rules may provide for recipients of tax credits under	1584
this section to be charged fees to cover administrative costs of	1585
the tax credit program. The fees collected shall be credited to	1586
the tax incentive programs operating fund created in section	1587
122.174 of the Revised Code. At the time the director gives public	1588
notice under division (A) of section 119.03 of the Revised Code of	1589
the adoption of the rules, the director shall submit copies of the	1590
proposed rules to the chairpersons of the standing committees on	1591
economic development in the senate and the house of	1592
representatives.	1593

(L) On or before the thirty-first day of March of each year,	1594
the director of development shall submit a report to the governor,	1595
the president of the senate, and the speaker of the house of	1596
representatives on the tax credit program under this section. The	1597
report shall include information on the number of agreements that	1598
were entered into under this section during the preceding calendar	1599
year, a description of the project that is the subject of each	1600
such agreement, and an update on the status of projects under	1601
agreements entered into before the preceding calendar year.	1602

(M)(1) A nonrefundable credit shall be allowed to an	1603
applicable corporation and its related members in an amount equal	1604
to the applicable difference. The credit is in addition to the	1605
credit granted to the corporation or related members under	1606
division (B) of this section. The credit is subject to divisions	1607
(B) to (E) and division (J) of this section.	1608

(2) A person qualifying as an applicable corporation under	1609
this section for a tax year does not necessarily qualify as an	1610
applicable corporation for any other tax year. No person is	1611
entitled to the credit allowed under division (M) of this section	1612
for the tax year immediately following the taxable year during	1613
which the person fails to meet the requirements in divisions	1614
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1615
to the credit allowed under division (M) of this section for any	1616
tax year for which the person is not eligible for the credit	1617
provided under division (B) of this section.	1618

Sec. 125.02. Except as to the adjutant general for military	1619
supplies and services, the capital square review and advisory	1620
board, ~~the department of rehabilitation and correction as~~	1621
~~specified in division (D) of section 125.04 of the Revised Code,~~	1622
the general assembly, ~~the bureau of workers' compensation~~the	1623
judicial branch, and institutions administered by boards of	1624
trustees, the department of administrative services may ~~purchase~~	1625
establish contracts for supplies and services for the use of state	1626
agencies, or for the use of any political subdivision as described	1627
in division (B) of section 125.04 of the Revised Code.	1628

~~So far as possible, the department of administrative services~~	1629
~~shall make all purchases from the department of rehabilitation and~~	1630
~~correction in the exercise of the functions of the department of~~	1631
~~rehabilitation and correction in the management of state~~	1632
~~institutions.~~	1633

The department of administrative services shall prescribe	1634
uniform rules governing forms of specifications, advertisements	1635
for proposals, the opening of bids, the making of awards and	1636
contracts, and the purchase of supplies and performance of work.	1637

~~Nothing in this section precludes the bureau from entering~~	1638
~~into a contract with the department of administrative services for~~	1639
~~the department to purchase supplies, or services for the use of~~	1640
~~the bureau.~~	1641

Sec. 125.021. (A) Except as to the military department, the	1642
general assembly, the bureau of workers' compensation, the	1643
industrial commission, and institutions administered by boards of	1644
trustees, the ~~office of information technology~~department of	1645
administrative services may contract for~~, operate, and superintend~~	1646
telephone, other telecommunication, and computer services for	1647
state agencies. Nothing in this division precludes the bureau or	1648
the commission from contracting with the ~~office~~department to	1649
authorize the ~~office~~department to contract for~~, operate, or~~	1650
~~superintend~~ those services for the bureau or the commission.	1651

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

1652

(a) "Active duty" means active duty pursuant to an executive	1653
order of the president of the United States, an act of the	1654
congress of the United States, or section 5919.29 or 5923.21 of	1655
the Revised Code.	1656

(b) "Immediate family" means a person's spouse residing in	1657
the person's household, brothers and sisters of the whole or of	1658
the half blood, children, including adopted children and	1659
stepchildren, parents, and grandparents.	1660

(2) The ~~office of information technology~~department of	1661
administrative services may enter into a contract to purchase bulk	1662
long distance telephone services and make them available at cost,	1663
or may make bulk long distance telephone services available at	1664
cost under any existing contract the ~~office~~department has entered	1665
into, to members of the immediate family of persons deployed on	1666
active duty so that those family members can communicate with the	1667
persons so deployed. If the ~~office~~department enters into	1668
contracts under division (B)(2) of this section, it shall do so in	1669
accordance with sections 125.01 to 125.11 of the Revised Code and	1670
in a nondiscriminatory manner that does not place any potential	1671
vendor at a competitive disadvantage.	1672

(3) If the ~~office~~department decides to exercise either	1673
option under division (B)(2) of this section, it shall adopt, and	1674
may amend, rules under Chapter 119. of the Revised Code to	1675
implement that division.	1676

Sec. 125.022. The department of administrative services may	1677
enter into cooperative purchasing agreements with one or more	1678
other states or, groups of states, the federal government, other	1679
purchasing consortia, institutions of higher education, or ~~with~~	1680
any political subdivision of this state described in division (B)	1681
of section 125.04 of the Revised Code for the purpose of	1682
purchasing services or supplies ~~produced from or containing~~	1683
~~recycled materials for the use of state agencies~~.	1684

Sec. 125.04. (A) Except as provided in division (D) of this	1685
section, the department of administrative services shall determine	1686
what supplies and services are purchased by or for state	1687
agencies. Whenever the department of administrative services	1688
makes any change or addition to the lists of supplies and	1689
services that it determines to purchase for state agencies, it	1690
shall provide a list to the agencies of the changes or additions	1691
~~and indicate when the department will be prepared to furnish each~~	1692
~~item listed~~. Except for the requirements of division (B) of	1693
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	1694
125.09 to 125.15 of the Revised Code do not apply to or affect the	1695
educational institutions of the state. ~~The department shall not~~	1696
~~include the bureau of workers' compensation in the lists of~~	1697
~~supplies, equipment, and services purchased and furnished by the~~	1698
~~department.~~	1699

~~Nothing in this division precludes the bureau from entering~~	1700
~~into a contract with the department for the department to perform~~	1701
~~services relative to supplies, equipment, and services contained~~	1702
~~in this division for the bureau.~~	1703

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

1704

(a) "Chartered nonpublic school" has the same meaning as in	1705
section 3310.01 of the Revised Code.	1706

(b) "Emergency medical service organization" has the same	1707
meaning as in section 4765.01 of the Revised Code.	1708

~~(b)~~(c) "Political subdivision" means any county, township,	1709
municipal corporation, school district, conservancy district,	1710
township park district, park district created under Chapter 1545.	1711
of the Revised Code, regional transit authority, regional airport	1712
authority, regional water and sewer district, or port authority.	1713
"Political subdivision" also includes any other political	1714
subdivision described in the Revised Code that has been approved	1715
by the department to participate in the department's contracts	1716
under this division.	1717

~~(c)~~(d) "Private fire company" has the same meaning as in	1718
section 9.60 of the Revised Code.	1719

(2) Subject to division (C) of this section, the department	1720
of administrative services may permit a political subdivision,	1721
county board of elections, private fire company, or private,	1722
nonprofit emergency medical service organization, or chartered	1723
nonpublic school to participate in contracts into which the	1724
department has entered for the purchase of supplies and	1725
services. The department may charge the entity a reasonable fee	1726
to cover the administrative costs the department incurs as a	1727
result of participation by the entity in such a purchase	1728
contract.	1729

A political subdivision desiring to participate in such	1730
purchase contracts shall file with the department a certified copy	1731
of an ordinance or resolution of the legislative authority or	1732
governing board of the political subdivision. The resolution or	1733
ordinance shall request that the political subdivision be	1734
authorized to participate in such contracts and shall agree that	1735
the political subdivision will be bound by such terms and	1736
conditions as the department prescribes and that it will directly	1737
pay the vendor under each purchase contract. A board of elections	1738
desiring to participate in such purchase contracts shall file	1739
with the purchasing authority a written request for inclusion in	1740
the program. A private fire company or, private, nonprofit	1741
emergency medical service organization, or chartered nonpublic	1742
school desiring to participate in such purchase contracts shall	1743
file with the department a written request for inclusion in the	1744
program signed by the chief officer of the company or,	1745
organization, or chartered nonpublic school. A request for	1746
inclusion shall include an agreement to be bound by such terms	1747
and conditions as the department prescribes and to make direct	1748
payments to the vendor under each purchase contract.	1749

The department shall include in its annual report an	1750
estimate of the cost it incurs by permitting political	1751
subdivisions, county boards of elections, private fire companies,	1752
~~and~~ private, nonprofit emergency medical service organizations,	1753
and chartered nonpublic schools to participate in contracts	1754
pursuant to this division. The department may require such	1755
entities to file a report with the department, as often as it	1756
finds necessary, stating how many such contracts the entities	1757
participated in within a specified period of time, and any other	1758
information the department requires.	1759

(3) Purchases made by a political subdivision or a county	1760
board of elections under this division are exempt from any	1761
competitive selection procedures otherwise required by law. No	1762
political subdivision shall make any purchase under this division	1763
when bids have been received for such purchase by the subdivision,	1764
unless such purchase can be made upon the same terms, conditions,	1765
and specifications at a lower price under this division.	1766

(C) A political subdivision as defined in division (B) of	1767
this section or a county board of elections may purchase supplies	1768
or services from another party, including a political	1769
subdivision, instead of through participation in contracts	1770
described in division (B) of this section if the political	1771
subdivision or county board of elections can purchase those	1772
supplies or services from the other party upon equivalent terms,	1773
conditions, and specifications but at a lower price than it can	1774
through those contracts. Purchases that a political subdivision or	1775
county board of elections makes under this division are exempt	1776
from any competitive selection procedures otherwise required by	1777
law. A political subdivision or county board of elections that	1778
makes any purchase under this division shall maintain sufficient	1779
information regarding the purchase to verify that the political	1780
subdivision or county board of elections satisfied the conditions	1781
for making a purchase under this division. Nothing in this	1782
division restricts any action taken by a county or township as	1783
authorized by division (A)(1) of section 9.48 of the Revised Code.	1784

(D) This section does not apply to supplies or services	1785
required by the legislative or judicial branches, the capitol	1786
square review and advisory board, the adjutant general for	1787
military supplies and services, to supplies or services purchased	1788
by a state agency directly as provided in division (A), (B), or	1789
~~(E)~~(F) of section 125.05 of the Revised Code, or to purchases of	1790
supplies or services for the emergency management agency as	1791
provided in section 125.023 of the Revised Code~~, or to purchases~~	1792
~~of supplies or services for the department of rehabilitation and~~	1793
~~correction in its operation of the program for the employment of~~	1794
~~prisoners established under section 5145.16 of the Revised Code~~	1795
~~that shall be made pursuant to rules adopted by the director of~~	1796
~~administrative services and the director of rehabilitation and~~	1797
~~correction in accordance with Chapter 119. of the Revised Code.~~	1798
~~The rules may provide for the exemption of the program for the~~	1799
~~employment of prisoners from the requirements of division (A) of~~	1800
~~this section~~.	1801

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	1802
125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the	1803
Revised Code shall be construed as limiting the attorney general,	1804
auditor of state, secretary of state, or treasurer of state in any	1805
of the following:	1806

(A) Purchases for less than the dollar amounts for the	1807
purchase of supplies or services determined pursuant to division	1808
~~(D)~~(E) of section 125.05 of the Revised Code;	1809

(B) Purchases that equal or exceed the dollar amounts for the	1810
purchase of supplies or services determined pursuant to division	1811
~~(D)~~(E) of section 125.05 of the Revised Code with the approval of	1812
the controlling board, if that approval is required by section	1813
127.16 of the Revised Code;	1814

(C) The final determination of the nature or quantity making	1815
any purchase of supplies or services to be purchased pursuant to	1816
section 125.06 of the Revised Code;	1817

(D) The final determination and disposal of excess and	1818
surplus supplies;	1819

(E) The inventory of state property;

1820

(F) The purchase of printing;

1821

(G) Activities related to information technology development	1822
and use;	1823

(H) The fleet management program.

1824

Sec. 125.05. Except as provided in division ~~(E)~~(F) of this	1825
section, no state agency shall purchase any supplies or services	1826
except as provided in divisions (A) to ~~(C)~~(D) of this section.	1827

(A) Subject to division ~~(D)~~(E) of this section, a state	1828
agency may, without competitive selection, make any purchase of	1829
supplies or services that cost ~~fifty~~twenty-five thousand dollars	1830
or less ~~or any purchase of supplies that cost twenty-five thousand~~	1831
~~dollars or less~~. The agency may make the purchase directly or may	1832
make the purchase from or through the department of administrative	1833
services, whichever the agency determines. The ~~department shall~~	1834
~~establish written procedures to assist state agencies when they~~	1835
~~make direct purchases. If the agency makes the purchase directly,~~	1836
~~it shall make the purchase by a term contract whenever possible~~	1837
agency shall adopt written procedures consistent with the	1838
department's purchasing procedures and shall use those procedures	1839
when making purchases under this division.	1840

(B) Subject to division (E) of this section and in accordance	1841
with section 125.051 of the Revised Code, a state agency may make	1842
purchases of supplies and services that cost more than twenty-five	1843
thousand dollars but less than fifty thousand dollars if the	1844
purchases are made under the direction of an employee of the	1845
agency who is certified by the department to make purchases and if	1846
the purchases comply with the department's purchasing procedures.	1847
Section 127.16 of the Revised Code does not apply to purchases	1848
made under this division. Until the certification effective date	1849
established by the department in rules adopted under section	1850
125.051 of the Revised Code, state agencies may make purchases of	1851
supplies and services that cost more than twenty-five thousand	1852
dollars but less than fifty thousand dollars in the same manner as	1853
provided in division (A) of this section.	1854

~~(B)~~(C) Subject to division ~~(D)~~(E) of this section, a state	1855
agency wanting to purchase ~~services that cost more than fifty~~	1856
~~thousand dollars or~~ supplies or services that cost more than	1857
twenty-five thousand dollars shall, unless otherwise authorized by	1858
law, make the purchase from or through the department. The	1859
department shall make the purchase by competitive selection ~~under~~	1860
~~section 125.07 of the Revised Code~~. If the director of	1861
administrative services determines that it is not possible or not	1862
advantageous to the state for the department to make the purchase,	1863
the department shall grant the agency a release and permit under	1864
section 125.06 of the Revised Code to make the purchase. Section	1865
127.16 of the Revised Code does not apply to purchases the	1866
department makes under this section.	1867

~~(C)~~(D) An agency that has been granted a release and permit	1868
to make a purchase may make the purchase without competitive	1869
selection if after making the purchase the cumulative purchase	1870
threshold as computed under division ~~(F)~~(E) of section 127.16 of	1871
the Revised Code would:	1872

(1) Be exceeded and the controlling board approves the	1873
purchase;	1874

(2) Not be exceeded and the department of administrative	1875
services approves the purchase.	1876

~~(D)~~(E) Not later than ~~January 31, 1997, the amounts specified~~	1877
~~in divisions (A) and (B) of this section and, not later than~~ the	1878
thirty-first day of January of each ~~second~~even-numbered year	1879
~~thereafter, any amounts computed by adjustments made under this~~	1880
~~division, shall be increased or decreased by the average~~	1881
~~percentage increase or decrease in the consumer price index~~	1882
~~prepared by the United States bureau of labor statistics (U.S.~~	1883
~~City Average for Urban Wage Earners and Clerical Workers: "All~~	1884
~~Items 1982-1984=100") for the twenty-four calendar month period~~	1885
~~prior to the immediately preceding first day of January over the~~	1886
~~immediately preceding twenty-four calendar month period, as~~	1887
~~reported by the bureau. The director of administrative services~~	1888
~~shall make this determination and adjust the appropriate amounts~~	1889
~~accordingly~~, the directors of administrative services and budget	1890
and management shall review and recommend to the general assembly,	1891
if necessary, adjustments to the amounts specified in divisions	1892
(A) to (C) of this section and division (B) of section 127.16 of	1893
the Revised Code.	1894

~~(E)~~(F) If the eTech Ohio commission, the department of	1895
education, or the Ohio education computer network determines that	1896
it can purchase software services or supplies for specified school	1897
districts at a price less than the price for which the districts	1898
could purchase the same software services or supplies for	1899
themselves, the commission, department, or network shall certify	1900
that fact to the department of administrative services and, acting	1901
as an agent for the specified school districts, shall make that	1902
purchase without following the provisions in divisions (A) to (D)	1903
of this section.	1904

Sec. 125.051. The director of administrative services shall	1905
certify employees of state agencies to make purchases of supplies	1906
and services under division (B) of section 125.05 of the Revised	1907
Code. The director shall adopt rules in accordance with Chapter	1908
119. of the Revised Code governing certification that provide for	1909
the following:	1910

(A) Requirements for certification, including candidate	1911
qualifications and training on how to make purchases in accordance	1912
with the department of administrative services' purchasing	1913
procedures;	1914

(B) Requirements and procedures for renewal of certification;

1915

(C) Causes for and procedures governing termination of	1916
certification;	1917

(D) Requirements and procedures for granting provisional	1918
certification;	1919

(E) The certification effective date, after which purchases	1920
shall be made by certified employees;	1921

(F) Any other rules necessary to govern certification.

1922

Sec. 125.06. The department of administrative services may,	1923
pursuant to division ~~(B)~~(C) of section 125.05 of the Revised Code	1924
and subject to such rules as the director of administrative	1925
services may adopt, issue a release and permit to the agency to	1926
secure supplies or services. A release and permit shall specify	1927
the supplies or services to which it applies, the time during	1928
which it is operative, and the reason for its issuance. A release	1929
and permit for computer services shall also specify the type of	1930
services to be rendered, the number and type of machines to be	1931
employed, and may specify the amount of such services to be	1932
performed. One copy of every release and permit shall be filed	1933
with the agency to which it is issued, and one copy shall be	1934
retained by the department.	1935

Sec. 125.07. The department of administrative services, in	1936
making a purchase by competitive selection pursuant to division	1937
~~(B)~~(C) of section 125.05 of the Revised Code, shall give notice in	1938
the following manner:	1939

(A) The department shall advertise the intended purchases by	1940
notice that is posted by mail or electronic means and that is for	1941
the benefit of competing persons producing or dealing in the	1942
supplies or services to be purchased, including, but not limited	1943
to, the persons whose names appear on the appropriate list	1944
provided for in section 125.08 of the Revised Code. The notice may	1945
be in the form of the bid or proposal document or of a listing in	1946
a periodic bulletin, or in any other form the director of	1947
administrative services considers appropriate to sufficiently	1948
notify qualified competing persons of the intended purchases.	1949

(B) The notice required under division (A) of this section	1950
shall include the time and place where bids or proposals will be	1951
accepted and opened, or, when bids are made in a reverse auction,	1952
the time when bids will be accepted; the conditions under which	1953
bids or proposals will be received; the terms of the proposed	1954
purchases; and an itemized list of the supplies or services to be	1955
purchased and the estimated quantities or amounts of them.	1956

(C) The posting of the notice required under division (A) of	1957
this section shall be completed by the number of days the director	1958
determines preceding the day when the bids or proposals will be	1959
opened or accepted.	1960

(D) The department also shall maintain, in a public place in	1961
its office, a bulletin board upon which it shall post and maintain	1962
a copy of the notice required under division (A) of this section	1963
for at least the number of days the director determines under	1964
division (C) of this section preceding the day of the opening or	1965
acceptance of the bids or proposals. The failure to so	1966
additionally post the notice shall invalidate all proceedings had	1967
and any contract entered into pursuant to the proceedings.	1968

Sec. 125.18. (A) There is hereby established the office of	1969
information technology ~~housed~~ within the department of	1970
administrative services. The office shall be under the supervision	1971
of a state chief information officer to be appointed by the	1972
~~governor~~director of administrative services and subject to	1973
removal at the pleasure of the ~~governor~~director. The chief	1974
information officer ~~shall serve as the~~is an assistant director of	1975
~~the office~~administrative services.	1976

(B) ~~The director of the office of information technology~~	1977
~~shall advise the governor regarding the superintendence and~~	1978
~~implementation of statewide information technology policy.~~	1979

~~(C) The director of the office of information technology~~	1980
Under the direction of the director of administrative services,	1981
the state chief information officer shall lead, oversee, and	1982
direct state agency activities related to information technology	1983
development and use. In that regard, the ~~director~~state chief	1984
information officer shall do all of the following:	1985

(1) Coordinate and superintend statewide efforts to promote	1986
common use and development of technology by state agencies. The	1987
office of information technology shall establish policies and	1988
standards that govern and direct state agency participation in	1989
statewide programs and initiatives.	1990

(2) Establish policies and standards for the acquisition and	1991
use of information technology by state agencies, including, but	1992
not limited to, hardware, software, technology services, and	1993
security, with which state agencies shall comply;	1994

(3) Establish criteria and review processes to identify state	1995
agency information technology projects or purchases that require	1996
alignment or oversight. As appropriate, the ~~office of information~~	1997
~~technology~~department of administrative services shall provide	1998
the governor and the director of budget and management with	1999
notice and advice regarding the appropriate allocation of	2000
resources for those projects. The ~~director of the office of~~	2001
~~information technology~~state chief information officer may require	2002
state agencies to provide, and may prescribe the form and manner	2003
by which they must provide, information to fulfill the ~~director's~~	2004
state chief information officer's alignment and oversight role;	2005

(4) Establish policies and procedures for the security of	2006
personal information that is maintained and destroyed by state	2007
agencies;	2008

(5) Employ a chief information security officer who is	2009
responsible for the implementation of the policies and procedures	2010
described in division ~~(C)~~(B)(4) of this section and for	2011
coordinating the implementation of those policies and procedures	2012
in all of the state agencies;	2013

(6) Employ a chief privacy officer who is responsible for	2014
advising ~~the office of information technology and~~ state agencies	2015
when establishing policies and procedures for the security of	2016
personal information and developing education and training	2017
programs regarding the state's security procedures.	2018

~~(D)~~(C)(1) The chief information security officer shall	2019
assist each state agency with the development of an information	2020
technology security strategic plan and review that plan, and each	2021
state agency shall submit that plan to the ~~office of information~~	2022
~~technology~~state chief information officer. The chief information	2023
security officer may require that each state agency update its	2024
information technology security strategic plan annually as	2025
determined by the state chief information officer.	2026

(2) Prior to the implementation of any information technology	2027
data system, a state agency shall prepare or have prepared a	2028
privacy impact statement for that system.	2029

~~(E) The office of information technology shall have the same~~	2030
~~authority given to the department of administrative services~~	2031
~~under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06,~~	2032
~~125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and~~	2033
~~125.25 of the Revised Code for the purchase of information~~	2034
~~technology supplies and services for state agencies.~~	2035

~~(F)~~(D) When a state agency requests a purchase of information	2036
technology supplies or services under Chapter 125. of the Revised	2037
Code, the state chief information officer may review and reject	2038
the requested purchase for noncompliance with information	2039
technology direction, plans, policies, standards, or	2040
project-alignment criteria.	2041

(E) The office of information technology may ~~make contracts~~	2042
~~for,~~ operate~~, and superintend~~ technology ~~supplies and~~ services	2043
for state agencies in accordance with this chapter.	2044

~~(G) The~~(F) With the approval of the director of	2045
administrative services, the office of information technology may	2046
establish cooperative agreements with federal and local	2047
government agencies and state agencies that are not under the	2048
authority of the governor for the provision of technology	2049
services and the development of technology projects.	2050

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

2051

(1) "Personal information" has the same meaning as in section	2052
149.45 of the Revised Code.	2053

(2) "State agency" means every organized body, office, or	2054
agency established by the laws of the state for the exercise of	2055
any function of state government, other than any state-supported	2056
institution of higher education, the office of the auditor of	2057
state, treasurer of state, secretary of state, or attorney	2058
general, the adjutant general's department, the bureau of workers'	2059
compensation, the industrial commission, the public employees	2060
retirement system, the Ohio police and fire pension fund, the	2061
state teachers retirement system, the school employees retirement	2062
system, the state highway patrol retirement system, the general	2063
assembly or any legislative agency, or the courts or any judicial	2064
agency.	2065

Sec. 125.25. (A) The director of administrative services may	2066
debar a vendor from consideration for contract awards upon a	2067
finding based upon a reasonable belief that the vendor has done	2068
any of the following:	2069

(1) Abused the selection process by repeatedly withdrawing	2070
bids or proposals before purchase orders or contracts are issued	2071
or failing to accept orders based upon firm bids;	2072

(2) Failed to substantially perform a contract according to	2073
its terms, conditions, and specifications within specified time	2074
limits;	2075

(3) Failed to cooperate in monitoring contract performance by	2076
refusing to provide information or documents required in a	2077
contract, failed to respond to complaints to the vendor, or	2078
accumulated repeated justified complaints regarding performance of	2079
a contract;	2080

(4) Attempted to influence a public employee to breach	2081
ethical conduct standards or to influence a contract award;	2082

(5) Colluded to restrain competition by any means;

2083

(6) Been convicted of a criminal offense related to the	2084
application for or performance of any public or private contract,	2085
including, but not limited to, embezzlement, theft, forgery,	2086
bribery, falsification or destruction of records, receiving stolen	2087
property, and any other offense that directly reflects on the	2088
vendor's business integrity;	2089

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

2090

(8) Deliberately or willfully submitted false or misleading	2091
information in connection with the application for or performance	2092
of a public contract;	2093

(9) Violated any other responsible business practice or	2094
performed in an unsatisfactory manner as determined by the	2095
director;	2096

(10) Through the default of a contract or through other means	2097
had a determination of unresolved finding for recovery by the	2098
auditor of state under section 9.24 of the Revised Code;	2099

(11) Acted in such a manner as to be debarred from	2100
participating in a contract with any governmental agency.	2101

(B) When the director reasonably believes that grounds for	2102
debarment exist, the director shall send the vendor a notice of	2103
proposed debarment indicating the grounds for the proposed	2104
debarment and the procedure for requesting a hearing on the	2105
proposed debarment. The hearing shall be conducted in accordance	2106
with Chapter 119. of the Revised Code. If the vendor does not	2107
respond with a request for a hearing in the manner specified in	2108
Chapter 119. of the Revised Code, the director shall issue the	2109
debarment decision without a hearing and shall notify the vendor	2110
of the decision by certified mail, return receipt requested.	2111

(C) The director shall determine the length of the debarment	2112
period and may rescind the debarment at any time upon notification	2113
to the vendor. During the period of debarment, the vendor is not	2114
eligible to participate in any state contract. After the debarment	2115
period expires, the vendor shall be eligible to be awarded	2116
contracts by state agencies.	2117

(D) The director, through ~~the office of information~~	2118
~~technology and~~ the office of procurement services, shall maintain	2119
a list of all vendors currently debarred under this section.	2120

Sec. 127.16. (A) Upon the request of either a state agency	2121
or the director of budget and management and after the controlling	2122
board determines that an emergency or a sufficient economic reason	2123
exists, the controlling board may approve the making of a purchase	2124
without competitive selection as provided in division (B) of this	2125
section.	2126

(B) Except as otherwise provided in this section, no state	2127
agency, using money that has been appropriated to it directly,	2128
shall:	2129

(1) Make any purchase from a particular supplier, that would	2130
amount to fifty thousand dollars or more when combined with both	2131
the amount of all disbursements to the supplier during the fiscal	2132
year for purchases made by the agency and the amount of all	2133
outstanding encumbrances for purchases made by the agency from the	2134
supplier, unless the purchase is made by competitive selection or	2135
with the approval of the controlling board;	2136

(2) Lease real estate from a particular supplier, if the	2137
lease would amount to seventy-five thousand dollars or more when	2138
combined with both the amount of all disbursements to the supplier	2139
during the fiscal year for real estate leases made by the agency	2140
and the amount of all outstanding encumbrances for real estate	2141
leases made by the agency from the supplier, unless the lease is	2142
made by competitive selection or with the approval of the	2143
controlling board.	2144

(C) Any person who authorizes a purchase in violation of	2145
division (B) of this section shall be liable to the state for any	2146
state funds spent on the purchase, and the attorney general shall	2147
collect the amount from the person.	2148

(D) Nothing in division (B) of this section shall be	2149
construed as:	2150

(1) A limitation upon the authority of the director of	2151
transportation as granted in sections 5501.17, 5517.02, and	2152
5525.14 of the Revised Code;	2153

(2) Applying to medicaid provider agreements under Chapter	2154
5111. of the Revised Code or payments or provider agreements under	2155
the disability medical assistance program established under	2156
Chapter 5115. of the Revised Code;	2157

(3) Applying to the purchase of examinations from a sole	2158
supplier by a state licensing board under Title XLVII of the	2159
Revised Code;	2160

(4) Applying to entertainment contracts for the Ohio state	2161
fair entered into by the Ohio expositions commission, provided	2162
that the controlling board has given its approval to the	2163
commission to enter into such contracts and has approved a total	2164
budget amount for such contracts as agreed upon by commission	2165
action, and that the commission causes to be kept itemized records	2166
of the amounts of money spent under each contract and annually	2167
files those records with the clerk of the house of representatives	2168
and the clerk of the senate following the close of the fair;	2169

(5) Limiting the authority of the chief of the division of	2170
mineral resources management to contract for reclamation work with	2171
an operator mining adjacent land as provided in section 1513.27 of	2172
the Revised Code;	2173

(6) Applying to investment transactions and procedures of any	2174
state agency, except that the agency shall file with the board the	2175
name of any person with whom the agency contracts to make, broker,	2176
service, or otherwise manage its investments, as well as the	2177
commission, rate, or schedule of charges of such person with	2178
respect to any investment transactions to be undertaken on behalf	2179
of the agency. The filing shall be in a form and at such times as	2180
the board considers appropriate.	2181

(7) Applying to purchases made with money for the per cent	2182
for arts program established by section 3379.10 of the Revised	2183
Code;	2184

(8) Applying to purchases made by the rehabilitation services	2185
commission of services, or supplies, that are provided to persons	2186
with disabilities, or to purchases made by the commission in	2187
connection with the eligibility determinations it makes for	2188
applicants of programs administered by the social security	2189
administration;	2190

(9) Applying to payments by the department of job and family	2191
services under section 5111.13 of the Revised Code for group	2192
health plan premiums, deductibles, coinsurance, and other	2193
cost-sharing expenses;	2194

(10) Applying to any agency of the legislative branch of the	2195
state government;	2196

(11) Applying to agreements or contracts entered into under	2197
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	2198
Revised Code;	2199

(12) Applying to purchases of services by the adult parole	2200
authority under section 2967.14 of the Revised Code or by the	2201
department of youth services under section 5139.08 of the Revised	2202
Code;	2203

(13) Applying to dues or fees paid for membership in an	2204
organization or association;	2205

(14) Applying to purchases of utility services pursuant to	2206
section 9.30 of the Revised Code;	2207

(15) Applying to purchases made in accordance with rules	2208
adopted by the department of administrative services of motor	2209
vehicle, aviation, or watercraft fuel, or emergency repairs of	2210
such vehicles;	2211

(16) Applying to purchases of tickets for passenger air	2212
transportation;	2213

(17) Applying to purchases necessary to provide public	2214
notifications required by law or to provide notifications of job	2215
openings;	2216

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

2217

(19) Applying to purchases of liquor for resale by the	2218
division of liquor control;	2219

(20) Applying to purchases of motor courier and freight	2220
services made in accordance with department of administrative	2221
services rules;	2222

(21) Applying to purchases from the United States postal	2223
service and purchases of stamps and postal meter replenishment	2224
from vendors at rates established by the United States postal	2225
service;	2226

(22) Applying to purchases of books, periodicals, pamphlets,	2227
newspapers, maintenance subscriptions, and other published	2228
materials;	2229

(23) Applying to purchases from other state agencies,	2230
including state-assisted institutions of higher education;	2231

(24) Limiting the authority of the director of environmental	2232
protection to enter into contracts under division (D) of section	2233
3745.14 of the Revised Code to conduct compliance reviews, as	2234
defined in division (A) of that section;	2235

(25) Applying to purchases from a qualified nonprofit agency	2236
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	2237
the Revised Code;	2238

(26) Applying to payments by the department of job and family	2239
services to the United States department of health and human	2240
services for printing and mailing notices pertaining to the tax	2241
refund offset program of the internal revenue service of the	2242
United States department of the treasury;	2243

(27) Applying to contracts entered into by the department of	2244
mental retardation and developmental disabilities under section	2245
5123.18 of the Revised Code;	2246

(28) Applying to payments made by the department of mental	2247
health under a physician recruitment program authorized by section	2248
5119.101 of the Revised Code;	2249

(29) Applying to contracts entered into with persons by the	2250
director of commerce for unclaimed funds collection and remittance	2251
efforts as provided in division (F) of section 169.03 of the	2252
Revised Code. The director shall keep an itemized accounting of	2253
unclaimed funds collected by those persons and amounts paid to	2254
them for their services.	2255

(30) Applying to purchases made by a state institution of	2256
higher education in accordance with the terms of a contract	2257
between the vendor and an inter-university purchasing group	2258
comprised of purchasing officers of state institutions of higher	2259
education;	2260

(31) Applying to the department of job and family services'	2261
purchases of health assistance services under the children's	2262
health insurance program part I provided for under section 5101.50	2263
of the Revised Code, the children's health insurance program part	2264
II provided for under section 5101.51 of the Revised Code, or the	2265
children's health insurance program part III provided for under	2266
section 5101.52 of the Revised Code, or the children's buy-in	2267
program provided for under sections 5101.5211 to 5101.5216 of the	2268
Revised Code;	2269

(32) Applying to payments by the attorney general from the	2270
reparations fund to hospitals and other emergency medical	2271
facilities for performing medical examinations to collect physical	2272
evidence pursuant to section 2907.28 of the Revised Code;	2273

(33) Applying to contracts with a contracting authority or	2274
administrative receiver under division (B) of section 5126.056 of	2275
the Revised Code;	2276

(34) Applying to reimbursements paid to the United States	2277
department of veterans affairs for pharmaceutical and patient	2278
supply purchases made on behalf of the Ohio veterans' home agency;	2279

(35) Applying to agreements entered into with terminal	2280
distributors of dangerous drugs under section 173.79 of the	2281
Revised Code;	2282

(36) Applying to payments by the superintendent of the bureau	2283
of criminal identification and investigation to the federal bureau	2284
of investigation for criminal records checks pursuant to section	2285
109.572 of the Revised Code.	2286

(E) ~~Notwithstanding division (B)(1) of this section, the~~	2287
~~cumulative purchase threshold shall be seventy-five thousand~~	2288
~~dollars for the departments of mental retardation and~~	2289
~~developmental disabilities, mental health, rehabilitation and~~	2290
~~correction, and youth services.~~	2291

~~(F)~~ When determining whether a state agency has reached the	2292
cumulative purchase thresholds established in divisions (B)(1),	2293
~~(B)~~and (2)~~, and (E)~~ of this section, all of the following	2294
purchases by such agency shall not be considered:	2295

(1) Purchases made through competitive selection or with	2296
controlling board approval;	2297

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

2298

(3) For the purposes of the ~~thresholds~~threshold of ~~divisions~~	2299
division (B)(1) ~~and (E)~~ of this section only, leases of real	2300
estate.	2301

~~(G)~~(F) As used in this section, "competitive selection,"	2302
"purchase," "supplies," and "services" have the same meanings as	2303
in section 125.01 of the Revised Code.	2304

Sec. 133.08. (A) In addition to any power to issue	2305
securities under other provisions of the Revised Code for the	2306
purposes, a county may issue revenue securities as authorized in	2307
this section.	2308

(B) A county may issue revenue securities to fund or refund	2309
revenue securities previously issued, or for any purposes for	2310
which it could issue self-supporting securities and, without	2311
limitation, any of the following general purposes:	2312

(1) For one or more established sewer districts, any of the	2313
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2314
of the Revised Code;, including sanitary facilities, drainage	2315
facilities, and prevention or replacement facilities as defined in	2316
section 6117.01 of the Revised Code. For purposes of this chapter,	2317
those sanitary facilities, drainage facilities, and prevention or	2318
replacement facilities are hereby determined to qualify as	2319
facilities described in Section 13 of Article VIII, Ohio	2320
Constitution.	2321

(2) Hospital facilities as defined in division (E) of section	2322
140.01 of the Revised Code;	2323

(3) Facilities described in division (C)(10) of section	2324
133.07 of the Revised Code;	2325

(4) Off-street parking facilities pursuant to section 307.02	2326
of the Revised Code;	2327

(5) An arena, a convention center, or a combination of an	2328
arena and convention center under section 307.695 of the Revised	2329
Code.	2330

(C) The county shall establish rates or charges for the use,	2331
availability, or rental of the facilities to which the financing	2332
relates, being the improvement, enterprise, system, project, or	2333
categories of improvements or the operation or function that the	2334
facilities serve, which rates or charges shall be designed to	2335
provide revenues to the county sufficient to pay the costs of all	2336
current expenses of the facilities payable by the county and to	2337
pay the debt charges on the securities and to establish and	2338
maintain any contractually required special funds relating to the	2339
securities or the facilities.	2340

(D) Revenue securities issued under this section shall not be	2341
general obligations of the county. Revenue securities issued under	2342
this section shall be secured only by a pledge of and lien upon	2343
the revenues of the county, derived from its ownership or	2344
operation of the facilities, including those rates or charges or	2345
rents and any interest subsidies or debt charges, grants, or other	2346
payments by federal or state agencies available therefor, and the	2347
covenants of the county to maintain sufficient rentals, rates, and	2348
charges to produce revenues sufficient to pay all current expenses	2349
of the facilities payable by the county and to pay the debt	2350
charges on the securities and to establish and maintain any	2351
contractually required special funds relating to the securities or	2352
the facilities, and, if the securities are anticipatory	2353
securities, to issue the revenue securities in anticipation of the	2354
issuance of which the revenue securities are issued. Revenue	2355
securities may also be secured by a pledge of and lien on the	2356
proceeds of any securities issued to fund or refund those revenue	2357
securities.	2358

(E) The county officers authorized by the county taxing	2359
authority shall execute the necessary documents, including but not	2360
limited to trust agreements and leases, to provide for the pledge,	2361
protection, and disposition of the pledged revenues from which	2362
debt charges and any special fund deposits are to be paid.	2363

(F) As long as any of these revenue securities, in either	2364
original or refunded form, remain outstanding, except as otherwise	2365
provided in those documents, all parts of the facilities the	2366
revenues from which are pledged, shall remain under the control of	2367
the county taxing authority, whether any parts of the facilities	2368
are leased to or operated by others or are in or thereafter come	2369
within the boundaries of any municipal corporation, and the	2370
facilities shall remain subject to the power and duty of the	2371
taxing authority to fix and collect rates or charges or rents for	2372
the use of facilities.	2373

(G) The authority to issue securities of the county under	2374
this section for permanent improvements described in division	2375
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2376
the Revised Code may separately and independently be exercised by	2377
a board of county hospital trustees established under section	2378
339.02 of the Revised Code for those permanent improvements and	2379
related operations under the control of that board.	2380

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2381
securities issued under this section, notwithstanding any other	2382
provision in this chapter.	2383

Sec. 133.52. A county, municipal corporation, or township may	2384
issue or incur public obligations, including general obligations,	2385
to provide, or assist in providing, grants, loans, loan	2386
guarantees, or contributions for conservation and revitalization	2387
purposes pursuant to Section 2o of Article VIII, Ohio	2388
Constitution.	2389

Sec. 135.101. As used in sections 135.101 to 135.106 of the	2390
Revised Code:	2391

(A) "Eligible resident" means an individual who is a resident	2392
of Ohio and who completes the SaveNOW education program prescribed	2393
by section 135.104 of the Revised Code.	2394

(B) "Eligible savings institution" means a financial	2395
institution that offers savings accounts available to residents of	2396
Ohio, that is a public depository of public money of the state	2397
under section 135.03 of the Revised Code, and that agrees to	2398
participate in the SaveNOW program under sections 135.101 to	2399
135.106 of the Revised Code.	2400

(C) "SaveNOW linked deposit" means a deposit placed by the	2401
treasurer of state with an eligible savings institution at a rate	2402
determined and calculated by the treasurer of state.	2403

(D) "SaveNOW savings account" means an interest-bearing	2404
account that is opened by an eligible resident at an eligible	2405
savings institution and that complies with the requirements of	2406
section 135.104 of the Revised Code.	2407

(E) "Premium savings rate" means the highest savings rate	2408
that is offered by an eligible savings institution for large	2409
deposits, as approved by and negotiated with the treasurer of	2410
state.	2411

(F) "Program period" means the length of time, not to exceed	2412
two years, established by the treasurer of state that a SaveNOW	2413
savings account is eligible to receive the SaveNOW interest	2414
incentive.	2415

Sec. 135.102. The general assembly finds that the personal	2416
savings rate among Ohioans has declined in recent years, that	2417
personal savings are important to the future prosperity of Ohio,	2418
and that personal savings must be encouraged and assisted. The	2419
SaveNOW program provided for in sections 135.101 to 135.106 of the	2420
Revised Code is intended to promote increased personal savings,	2421
which will materially contribute to the economic growth of Ohio	2422
and the financial security of its residents. Accordingly, it is	2423
declared to be the public policy of the state through the SaveNOW	2424
program to create an availability of higher-rate savings accounts	2425
for the purpose of increasing personal savings and promoting	2426
financial education among the residents of Ohio.	2427

Sec. 135.103. The treasurer of state may invest in SaveNOW	2428
linked deposits under sections 135.101 to 135.106 of the Revised	2429
Code, provided that at the time of placing any SaveNOW linked	2430
deposits the combined amount of investments of public money of the	2431
state in linked deposits of any kind is not more than twelve per	2432
cent of the state's total average investment portfolio as	2433
determined by the treasurer of state. When deciding whether to	2434
invest in SaveNOW linked deposits, the treasurer of state shall	2435
give priority to the investment, liquidity, and cash flow needs of	2436
the state.	2437

Sec. 135.104. (A) A resident of Ohio may participate in the	2438
SaveNOW program by agreeing to maintain a SaveNOW savings account	2439
at an eligible savings institution for the program period and by	2440
completing the SaveNOW education program. The SaveNOW education	2441
program shall include a financial literacy assessment and a	2442
financial literacy program established and administered by the	2443
treasurer of state.	2444

(B) An eligible savings institution shall accept applications	2445
for a SaveNOW savings account from eligible residents on a	2446
first-come, first-served basis on forms prescribed by the	2447
treasurer of state. The eligible savings institution shall offer	2448
to eligible residents a SaveNOW savings account that satisfies all	2449
of the following:	2450

(1) Opening and maintaining the account requires no minimum	2451
deposit;	2452

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

2453

(3) All deposits in the account earn at least the premium	2454
savings rate.	2455

(C) To provide an additional incentive for saving, a SaveNOW	2456
incentive rate of interest shall accrue to the average daily	2457
balance of deposits, up to five thousand dollars, in a SaveNOW	2458
savings account during the program period at a rate equal to up to	2459
three percentage points above the premium savings rate. The	2460
interest earnings arising from the SaveNOW incentive rate of	2461
interest shall be credited to the account in a lump sum at the	2462
conclusion of the program period.	2463

(D) The interest earnings arising from the SaveNOW incentive	2464
rate of interest under division (C) of this section shall be	2465
deducted from the interest earned on the state's SaveNOW linked	2466
deposit at the end of the eligible program period.	2467

(E) Not more than one SaveNOW savings account shall be held	2468
by an eligible resident during a program period. An individual	2469
holding a SaveNOW savings account jointly with another individual	2470
shall be considered to be holding such an account for the purposes	2471
of this division, unless the joint ownership is of an account	2472
opened by a parent, grandparent, or guardian for a minor or for a	2473
dependent adult.	2474

Sec. 135.105. (A) Upon the placement of a SaveNOW linked	2475
deposit with an eligible savings institution, the institution	2476
shall offer SaveNOW savings accounts to eligible residents under	2477
section 135.104 of the Revised Code. A certification of compliance	2478
with this section in the form and manner prescribed by the	2479
treasurer of state shall be required of the eligible savings	2480
institution.	2481

(B) The treasurer of state shall take any and all steps	2482
necessary to implement the SaveNOW program and to monitor the	2483
compliance of eligible savings institutions, including the	2484
development of guidelines as necessary.	2485

(C) Annually, by the first day of February, the treasurer of	2486
state shall report on the SaveNOW program for the preceding	2487
calendar year to the governor, the speaker of the house of	2488
representatives, and the president of the senate. The speaker	2489
shall transmit copies of the report to the chairpersons of the	2490
standing committees of the house of representatives that	2491
customarily consider legislation regarding finance, and the	2492
president of the senate shall transmit copies of the report to the	2493
chairpersons of the standing committees of the senate that	2494
customarily consider legislation regarding finance. The report	2495
shall set forth the SaveNOW linked deposits made by the treasurer	2496
of state under the program during the year and shall include a	2497
list of eligible savings institutions and the number of SaveNOW	2498
savings accounts at each of those institutions during the	2499
preceding year.	2500

Sec. 135.106. The state and the treasurer of state are not	2501
liable to any eligible savings institution or any eligible	2502
resident in any manner for the terms associated with SaveNOW	2503
savings accounts. Any misuse or misconduct on the part of an	2504
eligible savings institution or eligible resident does not in any	2505
manner affect the deposit agreement between the eligible savings	2506
institution and the treasurer of state.	2507

Sec. 135.61. As used in sections 135.61 to 135.67 of the	2508
Revised Code:	2509

(A) "Eligible small business" means any person, including,	2510
but not limited to a person engaged in agriculture, that has all	2511
of the following characteristics:	2512

(1) Is headquartered in this state;

2513

(2) Maintains offices and operating facilities exclusively in	2514
this state and transacts business in this state;	2515

(3) Employs fewer than one hundred fifty employees, the	2516
majority of whom are residents of this state;	2517

(4) Is organized for profit.

2518

(B) "Eligible lending institution" means a financial	2519
institution that is eligible to make commercial loans, is a public	2520
depository of state funds under section 135.03 of the Revised	2521
Code, and agrees to participate in the linked deposit program.	2522

(C) "Linked deposit" means a certificate of deposit placed by	2523
the treasurer of state with an eligible lending institution at up	2524
~~to three per cent~~a rate below current market rates, as determined	2525
and calculated by the treasurer of state, provided the institution	2526
agrees to lend the value of such deposit, according to the deposit	2527
agreement provided in division (C) of section 135.65 of the	2528
Revised Code, to eligible small businesses at ~~three per cent~~a	2529
rate that reflects an equal percentage rate reduction below the	2530
present borrowing rate applicable to each specific business at the	2531
time of the deposit of state funds in the institution.	2532

Sec. 135.63. The treasurer of state may invest in linked	2533
deposits under sections 135.61 to 135.67, agricultural linked	2534
deposits under sections 135.71 to 135.76, housing linked deposits	2535
under sections 135.81 to 135.87, ~~and~~ assistive technology device	2536
linked deposits under sections 135.91 to 135.97, and SaveNOW	2537
linked deposits under sections 135.101 to 135.106 of the Revised	2538
Code, provided that at the time of placement of any such linked	2539
deposit ~~under sections 135.61 to 135.67 of the Revised Code,~~	2540
~~agricultural linked deposit, housing linked deposit, or assistive~~	2541
~~technology device linked deposit,~~ the combined amount of	2542
investments in ~~the linked deposits, agricultural linked deposits,~~	2543
~~housing linked deposits, and assistive technology device~~all such	2544
linked deposits is not more than twelve per cent of the state's	2545
total average investment portfolio as determined by the treasurer	2546
of state. When deciding whether to invest in ~~the linked deposits,~~	2547
~~agricultural linked deposits, housing linked deposits, or~~	2548
~~assistive technology device~~any such linked deposits, the	2549
treasurer of state shall give priority to the investment,	2550
liquidity, and cash flow needs of the state.	2551

Sec. 135.65. (A) The treasurer of state may accept or reject	2552
a linked deposit loan package or any portion thereof, based on the	2553
treasurer's evaluation of the eligible small businesses included	2554
in the package and the amount of state funds to be deposited. When	2555
evaluating the eligible small businesses, the treasurer shall give	2556
priority to the economic needs of the area where the business is	2557
located and the ratio of state funds to be deposited to jobs	2558
sustained or created and shall also consider any reports,	2559
statements, or plans applicable to the business, the overall	2560
financial need of the business, and such other factors as the	2561
treasurer considers appropriate.	2562

(B) Upon acceptance of the linked deposit loan package or any	2563
portion thereof, the treasurer of state may place certificates of	2564
deposit with the eligible lending institution at ~~three per cent~~a	2565
rate below current market rates, as determined and calculated by	2566
the treasurer of state. When necessary, the treasurer may place	2567
certificates of deposit prior to acceptance of a linked deposit	2568
loan package.	2569

(C) The eligible lending institution shall enter into a	2570
deposit agreement with the treasurer of state, which shall include	2571
requirements necessary to carry out the purposes of sections	2572
135.61 to 135.67 of the Revised Code. Such requirements shall	2573
reflect the market conditions prevailing in the eligible lending	2574
institution's lending area. The agreement may include a	2575
specification of the period of time in which the lending	2576
institution is to lend funds upon the placement of a linked	2577
deposit, and shall include provisions for the certificates of	2578
deposit to be placed for any maturity considered appropriate by	2579
the treasurer of state not to exceed two years, and may be renewed	2580
for up to an additional two years at the option of the treasurer.	2581
Interest shall be paid at the times determined by the treasurer of	2582
state.	2583

(D) Eligible lending institutions shall comply fully with	2584
Chapter 135. of the Revised Code.	2585

Sec. 135.66. (A) Upon the placement of a linked deposit with	2586
an eligible lending institution, such institution is required to	2587
lend such funds to each approved eligible small business listed in	2588
the linked deposit loan package required by division (D) of	2589
section 135.64 of the Revised Code and in accordance with the	2590
deposit agreement required by division (C) of section 135.65 of	2591
the Revised Code. The loan shall be at ~~three per cent~~a rate that	2592
reflects a percentage rate reduction below the present borrowing	2593
rate applicable to each business that is equal to the percentage	2594
rate reduction below market rates at which the certificate of	2595
deposits that constitute the linked deposit were placed. A	2596
certification of compliance with this section in the form and	2597
manner as prescribed by the treasurer of state shall be required	2598
of the eligible lending institution.	2599

(B) The treasurer of state shall take any and all steps	2600
necessary to implement the linked deposit program and monitor	2601
compliance of eligible lending institutions and eligible small	2602
businesses, including the development of guidelines as necessary.	2603
The treasurer of state and the department of development shall	2604
notify each other at least quarterly of the names of the	2605
businesses receiving financial assistance from their respective	2606
programs.	2607

Annually, by the first day of February, the treasurer of	2608
state shall report on the linked deposits program for the	2609
preceding calendar year to the governor, the speaker of the house	2610
of representatives, and the president of the senate. The speaker	2611
of the house shall transmit copies of this report to the ~~chairmen~~	2612
chairpersons of the standing committees in the house which	2613
customarily consider legislation regarding agriculture and small	2614
business, and the president of the senate shall transmit copies of	2615
this report to the ~~chairmen~~chairpersons of the standing	2616
committees in the senate which customarily consider legislation	2617
regarding agriculture and small business. The report shall set	2618
forth the linked deposits made by the treasurer of state under the	2619
program during the year and shall include information regarding	2620
the nature, terms, and amounts of the loans upon which the linked	2621
deposits were based and the eligible small businesses to which the	2622
loans were made.	2623

Sec. 145.47. (A) Each public employee who is a contributor	2624
to the public employees retirement system shall contribute eight	2625
per cent of the contributor's earnable salary to the employees'	2626
savings fund, except that the public employees retirement board	2627
may raise the contribution rate to a rate not greater than ten per	2628
cent of the employee's earnable salary.	2629

(B) The head of each state department, institution, board,	2630
and commission, and the fiscal officer of each local authority	2631
subject to this chapter, shall deduct from the earnable salary of	2632
each contributor on every payroll of such contributor for each	2633
payroll period subsequent to the date of coverage, an amount equal	2634
to the applicable per cent of the contributor's earnable salary.	2635
The head of each state department and the fiscal officer of each	2636
local authority subject to this chapter shall transmit promptly to	2637
the system a report of contributions at such intervals and in such	2638
form as the system shall require, showing thereon all deductions	2639
for the system made from the earnable salary of each contributor	2640
employed, together with warrants or, checks, or electronic	2641
payments covering the total of such deductions. A penalty ~~of five~~	2642
~~per cent of the total amount due for the particular reporting~~	2643
~~period~~ shall be added when such report, together with warrants or,	2644
checks, or electronic payments to cover the total amount due from	2645
the earnable salary of all amenable employees of such employer, is	2646
filed thirty or more days after the last day of such reporting	2647
period. ~~Such~~The system, after making a record of all receipts	2648
under this division, shall deposit the receipts with the treasurer	2649
of state for use as provided by this chapter.	2650

(C) Unless the board adopts a rule under division (D) of this	2651
section, the penalty described in division (B) of this section for	2652
failing to timely transmit a report, pay the total amount due, or	2653
both is as follows:	2654

(1) At least one but not more than ten days past due, an	2655
amount equal to one per cent of the total amount due;	2656

(2) At least eleven but not more than thirty days past due,	2657
an amount equal to two and one-half per cent of the total amount	2658
due;	2659

(3) Thirty-one or more days past due, an amount equal to five	2660
per cent of the total amount due.	2661

The penalty described in this division shall be added to and	2662
collected on the next succeeding regular employer billing.	2663
Interest at a rate set by the retirement board shall be charged on	2664
the amount of the penalty in case such penalty is not paid within	2665
~~three months~~thirty days after it is added to the regular employer	2666
billing. ~~The system, after making a record of all such receipts,~~	2667
~~shall deposit them with the treasurer of state for use as provided~~	2668
~~by this chapter. In~~	2669

(D) The board may adopt rules to establish penalties in	2670
amounts that do not exceed the amounts specified in divisions	2671
(C)(1) to (3) of this section.	2672

(E) In addition to the periodical reports of deduction	2673
required by this section, the fiscal officer of each local	2674
authority subject to this chapter shall submit to the system at	2675
least once each year a complete listing of all noncontributing	2676
appointive employees. Where an employer fails to transmit	2677
contributions to the system, the system may make a determination	2678
of the employees' liability for contributions and certify to the	2679
employer the amounts due for collection in the same manner as	2680
payments due the employers' accumulation fund. Any amounts so	2681
collected shall be held in trust pending receipt of a report of	2682
contributions for such public employees for the period involved as	2683
provided by law and, thereafter, the amount in trust shall be	2684
transferred to the employees' savings fund to the credit of the	2685
employees. Any amount remaining after the transfer to the	2686
employees' savings fund shall be transferred to the employers'	2687
accumulation fund as a credit of such employer. ~~The~~	2688

(F) The fiscal officer of each local authority subject to	2689
this chapter shall require each new contributor to submit to the	2690
system a detailed report of all the contributor's previous service	2691
as a public employee along with such other facts as the board	2692
requires for the proper operation of the system.	2693

(G) Any member who, because of the member's own illness,	2694
injury, or other reason which may be approved by the member's	2695
employer is prevented from making the member's contribution to the	2696
system for any payroll period, may pay such deductions as a back	2697
payment within one year.	2698

Sec. 149.30. The Ohio historical society, chartered by this	2699
state as a corporation not for profit to promote a knowledge of	2700
history and archaeology, especially of Ohio, and operated	2701
continuously in the public interest since 1885, may perform public	2702
functions as prescribed by law.	2703

The general assembly may appropriate money to the Ohio	2704
historical society each biennium to carry out the public functions	2705
of the society as enumerated in this section. An appropriation by	2706
the general assembly to the society constitutes an offer to	2707
contract with the society to carry out those public functions for	2708
which appropriations are made. An acceptance by the society of the	2709
appropriated funds constitutes an acceptance by the society of the	2710
offer and is considered an agreement by the society to perform	2711
those functions in accordance with the terms of the appropriation	2712
and the law and to expend the funds only for the purposes for	2713
which appropriated. The governor may request on behalf of the	2714
society, and the controlling board may release, additional funds	2715
to the society for survey, salvage, repair, or rehabilitation of	2716
an emergency nature for which funds have not been appropriated,	2717
and acceptance by the society of those funds constitutes an	2718
agreement on the part of the society to expend those funds only	2719
for the purpose for which released by the controlling board.	2720

The society shall faithfully expend and apply all moneys	2721
received from the state to the uses and purposes directed by law	2722
and for necessary administrative expenses. If the general assembly	2723
appropriates money to the society for grants or subsidies to other	2724
entities for their site-related programs, the society, except for	2725
good cause, shall distribute the money within ninety days of	2726
accepting a grant or subsidy application for the money.	2727

The society shall perform the public function of sending	2728
notice by certified mail to the owner of any property at the time	2729
it is listed on the national register of historic places. The	2730
society shall accurately record all expenditures of such funds in	2731
conformity with generally accepted accounting principles.	2732

The auditor of state shall audit all funds and fiscal records	2733
of the society.	2734

The public functions to be performed by the Ohio historical	2735
society shall include all of the following:	2736

(A) Creating, supervising, operating, protecting,	2737
maintaining, and promoting for public use a system of state	2738
memorials, titles to which may reside wholly or in part with this	2739
state or wholly or in part with the society as provided in and in	2740
conformity to appropriate acts and resolves of the general	2741
assembly, and leasing for renewable periods of two years or less,	2742
with the advice and consent of the attorney general and the	2743
director of administrative services, lands and buildings owned by	2744
the state which are in the care, custody, and control of the	2745
society, all of which shall be maintained and kept for public use	2746
at reasonable hours;	2747

(B) Making alterations and improvements, marking, and	2748
constructing, reconstructing, protecting, or restoring structures,	2749
earthworks, and monuments in its care, and equipping such	2750
facilities with appropriate educational maintenance facilities;	2751

(C) Serving as the archives administration for the state and	2752
its political subdivisions as provided in sections 149.31 to	2753
149.42 of the Revised Code;	2754

(D) Administering a state historical museum, to be the	2755
headquarters of the society and its principal museum and library,	2756
which shall be maintained and kept for public use at reasonable	2757
hours;	2758

(E) Establishing a marking system to identify all designated	2759
historic and archaeological sites within the state and marking or	2760
causing to be marked historic sites and communities considered by	2761
the society to be historically or archaeologically significant;	2762

(F) Publishing books, pamphlets, periodicals, and other	2763
publications about history, archaeology, and natural science and	2764
offering one copy of each regular periodical issue to all public	2765
libraries in this state at a reasonable price, which shall not	2766
exceed one hundred ten per cent more than the total cost of	2767
publication;	2768

(G) Engaging in research in history, archaeology, and natural	2769
science and providing historical information upon request to all	2770
state agencies;	2771

(H) Collecting, preserving, and making available by all	2772
appropriate means and under approved safeguards all manuscript,	2773
print, or near-print library collections and all historical	2774
objects, specimens, and artifacts which pertain to the history of	2775
Ohio and its people, including the following original documents:	2776
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	2777
Ohio Constitution of 1875; design and the letters of patent and	2778
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	2779
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	2780
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	2781
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	2782
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	2783
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	2784
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	2785
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	2786
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	2787
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	2788
(1947);	2789

(I) Encouraging and promoting the organization and	2790
development of county and local historical societies;	2791

(J) Providing to Ohio schools such materials as the society	2792
may prepare to facilitate the instruction of Ohio history at a	2793
reasonable price, which shall not exceed one hundred ten per cent	2794
more than the total cost of preparation and delivery;	2795

(K) Providing advisory and technical assistance to local	2796
societies for the preservation and restoration of historic and	2797
archaeological sites;	2798

(L) Devising uniform criteria for the designation of historic	2799
and archaeological sites throughout the state and advising local	2800
historical societies of the criteria and their application;	2801

(M) Taking inventory, in cooperation with the Ohio arts	2802
council, the Ohio archaeological council, and the archaeological	2803
society of Ohio, of significant designated and undesignated state	2804
and local sites and keeping an active registry of all designated	2805
sites within the state;	2806

(N) Contracting with the owners or persons having an interest	2807
in designated historic or archaeological sites or property	2808
adjacent or contiguous to those sites, or acquiring, by purchase,	2809
gift, or devise, easements in those sites or in property adjacent	2810
or contiguous to those sites, in order to control or restrict the	2811
use of those historic or archaeological sites or adjacent or	2812
contiguous property for the purpose of restoring or preserving the	2813
historical or archaeological significance or educational value of	2814
those sites;	2815

(O) Constructing a monument honoring Governor James A.	2816
Rhodes, which shall stand on the northeast quadrant of the grounds	2817
surrounding the capitol building. The monument shall be	2818
constructed with private funds donated to the Ohio historical	2819
society and designated for this purpose. No public funds shall be	2820
expended to construct this monument. The department of	2821
administrative services shall cooperate with the Ohio historical	2822
society in carrying out this function and shall maintain the	2823
monument in a manner compatible with the grounds of the capitol	2824
building.	2825

(P) Commissioning a portrait of each departing governor,	2826
which shall be displayed in the capitol building. The Ohio	2827
historical society may accept private contributions designated for	2828
this purpose and, at the discretion of its board of trustees, also	2829
may apply for the same purpose funds appropriated by the general	2830
assembly to the society pursuant to this section.	2831

(Q) ~~Planning and developing a center at the capitol building~~	2832
~~for the purpose of educating visitors about the history of Ohio,~~	2833
~~including its political, economic, and social development and the~~	2834
~~design and erection of the capitol building and its grounds. The~~	2835
~~Ohio historical society may accept contributions of private moneys~~	2836
~~and in-kind services designated for this purpose and may, at the~~	2837
~~discretion of its board of trustees, also apply, for the same~~	2838
~~purpose, personnel and other resources paid in whole or in part by~~	2839
~~its state subsidy.~~	2840

~~(R)~~ Submitting an annual report of its activities, programs,	2841
and operations to the governor within two months after the close	2842
of each fiscal year of the state.	2843

The society shall not sell, mortgage, transfer, or dispose of	2844
historical or archaeological sites to which it has title and in	2845
which the state has monetary interest except by action of the	2846
general assembly.	2847

In consideration of the public functions performed by the	2848
Ohio historical society for the state, employees of the society	2849
shall be considered public employees within the meaning of section	2850
145.01 of the Revised Code.	2851

Sec. 156.02. The director of administrative services may	2852
contract with ~~the office of energy efficiency in the department~~	2853
~~of development~~an energy services company, contractor, architect,	2854
professional engineer, or other person experienced in the design	2855
and implementation of energy conservation measures for a report	2856
containing an analysis and recommendations pertaining to the	2857
implementation of energy conservation measures that would	2858
significantly reduce energy consumption and operating costs in	2859
any buildings owned by the state and, upon request of its board	2860
of trustees or managing authority, any building owned by an	2861
institution of higher education as defined in section 3345.12 of	2862
the Revised Code. The report shall include estimates of all costs	2863
of such measures, including the costs of design, engineering,	2864
installation, maintenance, repairs, and debt service, and	2865
estimates of the amounts by which energy consumption and	2866
operating costs would be reduced.	2867

Sec. 165.01. As used in this chapter:

2868

(A) "Agency" means a community improvement corporation	2869
organized under Chapter 1724. of the Revised Code and designated,	2870
pursuant to section 1724.10 of the Revised Code, as the agency of	2871
a municipal corporation or county.	2872

(B) "Bonds" means bonds, notes, or other forms of evidences	2873
of obligation issued in temporary or definitive form, including	2874
notes issued in anticipation of the issuance of bonds and renewal	2875
notes. The funding of bond anticipation notes with bonds or	2876
renewal notes and the exchange of definitive bonds for temporary	2877
bonds are not subject to section 165.07 of the Revised Code.	2878

(C) "Bond proceedings" means the resolution or ordinance or	2879
the trust agreement or indenture of mortgage, or combination	2880
thereof, authorizing or providing for the terms and conditions	2881
applicable to bonds issued under authority of this chapter.	2882

(D) "Issuer" means the state, or a county or municipal	2883
corporation of this state which county or municipal corporation	2884
has, pursuant to section 1724.10 of the Revised Code, designated a	2885
community improvement corporation as its agency for industrial,	2886
commercial, distribution, and research development and for which a	2887
plan has been prepared by such community improvement corporation	2888
and confirmed by its issuing authority.	2889

(E) "Issuing authority" means in the case of the state, the	2890
director of development; in the case of a municipal corporation,	2891
the legislative authority thereof; and in the case of a county,	2892
the board of county commissioners or whatever officers, board,	2893
commission, council, or other body might succeed to the	2894
legislative powers of the commissioners.	2895

(F) "Plan" means a plan prepared by the agency pursuant to	2896
section 1724.10 of the Revised Code, and confirmed by the issuing	2897
authority of a municipal corporation or county.	2898

(G) "Pledged facilities" means the project or projects	2899
mortgaged or the rentals, revenues, and other income, charges, and	2900
moneys from which are pledged, or both, for the payment of the	2901
principal of and interest on the bonds issued under authority of	2902
section 165.03 of the Revised Code, and includes a project for	2903
which a loan has been made under authority of this chapter, in	2904
which case, references in this chapter to revenues of such pledged	2905
facilities or from the disposition thereof includes payments made	2906
or to be made to or for the account of the issuer pursuant to such	2907
loan.	2908

(H) "Project" means real or personal property, or both,	2909
including undivided and other interests therein, acquired by gift	2910
or purchase, constructed, reconstructed, enlarged, improved,	2911
furnished, or equipped, or any combination thereof, by an issuer,	2912
or by others in whole or in part from the proceeds of a loan made	2913
by an issuer, for industry, commerce, distribution, or research	2914
and located within the boundaries of the issuer. "Project"	2915
includes sanitary facilities, drainage facilities, and prevention	2916
or replacement facilities as defined in section 6117.01 of the	2917
Revised Code. A project as defined in this division is hereby	2918
determined to qualify as facilities described in Section 13 of	2919
Article VIII, Ohio Constitution.	2920

(I) "Revenues" means the rentals, revenues, payments,	2921
repayments, income, charges, and moneys derived or to be derived	2922
from the use, lease, sublease, rental, sale, including installment	2923
sale or conditional sale, or other disposition of pledged	2924
facilities, or derived or to be derived pursuant to a loan made	2925
for a project, bond proceeds to the extent provided in the bond	2926
proceedings for the payment of principal of, or premium, if any,	2927
or interest on the bonds, proceeds from any insurance,	2928
condemnation or guaranty pertaining to pledged facilities or the	2929
financing thereof, and income and profit from the investment of	2930
the proceeds of bonds or of any revenues.	2931

(J) "Security interest" means a mortgage, lien, or other	2932
encumbrance on, or pledge or assignment of, or other security	2933
interest with respect to all or any part of pledged facilities,	2934
revenues, reserve funds, or other funds established under the bond	2935
proceedings, or on, of, or with respect to, a lease, sublease,	2936
sale, conditional sale or installment sale agreement, loan	2937
agreement, or any other agreement pertaining to the lease,	2938
sublease, sale, or other disposition of a project or pertaining to	2939
a loan made for a project, or any guaranty or insurance agreement	2940
made with respect thereto, or any interest of the issuer therein,	2941
or any other interest granted, assigned, or released to secure	2942
payments of the principal of, premium, if any, or interest on any	2943
bonds or to secure any other payments to be made by an issuer	2944
under the bond proceedings. Any security interest under this	2945
chapter may be prior or subordinate to or on a parity with any	2946
other mortgage, lien, encumbrance, pledge, assignment, or other	2947
security interest.	2948

Sec. 165.03. (A) An issuer may issue bonds for the purpose	2949
of providing moneys to acquire by purchase, construct,	2950
reconstruct, enlarge, improve, furnish, or equip one or more	2951
projects or parts thereof, or for any combination of such	2952
purposes, including providing moneys to make loans to others for	2953
such purposes. The issuing authority shall provide by resolution	2954
or ordinance for the issuance of such bonds. The bond proceedings	2955
may contain determinations by the issuing authority that the	2956
project to be financed thereunder is a project as defined in this	2957
chapter and is consistent with the purposes of Section 13 of	2958
Article VIII, Ohio Constitution, and such determinations shall be	2959
conclusive as to the validity and enforceability of the bonds	2960
issued under such bond proceedings and of such bond proceedings	2961
and security interests given and leases, subleases, sale	2962
agreements, loan agreements, and other agreements made in	2963
connection therewith, all in accordance with their terms.	2964

The principal of and interest on the bonds and all other	2965
payments required to be made by the bond proceedings shall be	2966
payable solely from the revenues and secured by security interests	2967
as provided in such bond proceedings. Bond anticipation notes may	2968
be secured, solely or additionally, by a covenant of the issuer	2969
that it will do all things necessary for the issuance of the bonds	2970
anticipated or renewal notes in appropriate amount and either	2971
exchange such bonds or renewal notes for such notes or apply the	2972
proceeds therefrom to the extent necessary to make full payment of	2973
the principal of and interest on such notes. The bond proceedings	2974
shall not obligate or pledge moneys raised by taxation.	2975

Bonds may be issued at one time or from time to time, shall	2976
be dated, shall mature at such time or times not exceeding thirty	2977
years from date of issue, and may be redeemable before maturity at	2978
such price or prices and under such terms and conditions, all as	2979
provided in the bond proceedings. The bonds shall bear interest at	2980
such rate or rates, or at a variable rate or rates changing from	2981
time to time in accordance with a base or formula, as provided in	2982
or authorized by the bond proceedings. The issuing authority shall	2983
determine the form of the bonds, fix their denominations and	2984
method of execution, and establish within or without the state a	2985
place or places for the payment of principal or interest.	2986

(B) The issuing authority may provide for sales of bonds at	2987
public or private sale as it deems most advantageous and for such	2988
prices, whether above or below the par value thereof, as it	2989
determines or within such limit or limits as it determines.	2990

(C) If the issuer is a county or municipal corporation, then,	2991
prior to the delivery of bonds issued under authority of this	2992
section, the issuing authority shall first have received from its	2993
agency a certification that a project to be financed by the	2994
issuance of such bonds is in accordance with the plan, except that	2995
no such certification is necessary if the project is a sanitary	2996
facility, drainage facility, or prevention or replacement facility	2997
as defined in section 6117.01 of the Revised Code. If the state is	2998
the issuer, then prior to the authorization of the bonds, the	2999
issuing authority of the state shall have received a written	3000
request for the issuance of the bonds from either the board of	3001
directors of a port authority created pursuant to the authority of	3002
section 4582.02 of the Revised Code if the project is within the	3003
jurisdiction of the port authority or from the issuing authority	3004
of the municipal corporation, if the project is within the	3005
boundaries of a municipal corporation, or of the county, if the	3006
project is within the unincorporated portion of the county, and if	3007
the project is to be located within a municipal corporation with a	3008
plan or in an unincorporated portion of the county with a plan,	3009
then prior to the delivery of bonds issued under this section, the	3010
issuing authority shall first have received from the agency of the	3011
municipal corporation if within its limits, or from the agency of	3012
the county if in unincorporated territory, a certification that	3013
such project is in accordance with its plan, except that no such	3014
certification is necessary if the request for issuance of the	3015
bonds is made by the port authority.	3016

(D) If the issuer is a county or municipal corporation, then,	3017
prior to the delivery of bonds issued under authority of this	3018
section, the issuing authority shall have caused a written notice	3019
to have been mailed by certified mail to the director of the	3020
department of development of the state advising such director of	3021
the proposed delivery of the bonds, the amount thereof, the	3022
proposed lessee, and a general description of the project or	3023
projects to be financed.	3024

(E) In case any officer who has signed any bonds or coupons	3025
pertaining thereto, or caused ~~his~~the officer's facsimile	3026
signature to be affixed thereto, ceases to be such officer before	3027
such bonds or coupons have been delivered, such bonds or coupons	3028
may, nevertheless, be issued and delivered as though the person	3029
who had signed the bonds or coupons or caused ~~his~~the person's	3030
facsimile signature to be affixed thereto had not ceased to be	3031
such officer. Any bonds or coupons may be executed on behalf of	3032
the issuer by an officer who, on the date of execution, is the	3033
proper officer although on the date of such bonds or coupons such	3034
person was not the proper officer.	3035

(F) All bonds issued under authority of this chapter,	3036
regardless of form or terms and regardless of any other law to the	3037
contrary, shall have all qualities and incidents of negotiable	3038
instruments, subject to provisions for registration, and may be	3039
issued in coupon, fully registered, or other form, or any	3040
combination thereof, as the issuing authority determines.	3041
Provision may be made for the registration of any coupon bonds as	3042
to principal alone or as to both principal and interest, and for	3043
the conversion into coupon bonds of any fully registered bonds or	3044
bonds registered as to both principal and interest.	3045

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	3046
be initiated by motion of the county rural zoning commission, by	3047
the passage of a resolution by the board of county commissioners,	3048
or by the filing of an application by one or more of the owners or	3049
lessees of property within the area proposed to be changed or	3050
affected by the proposed amendment with the county rural zoning	3051
commission. The board of county commissioners may require that the	3052
owner or lessee of property filing an application to amend the	3053
zoning resolution pay a fee to defray the cost of advertising,	3054
mailing, filing with the county recorder, and other expenses. If	3055
the board of county commissioners requires such a fee, it shall be	3056
required generally, for each application. The board of county	3057
commissioners, upon the passage of such a resolution, shall	3058
certify it to the county rural zoning commission.	3059

(2) Upon the adoption of a motion by the county rural zoning	3060
commission, the certification of a resolution by the board of	3061
county commissioners to the commission, or the filing of an	3062
application by property owners or lessees as described in division	3063
(A)(1) of this section with the commission, the commission shall	3064
set a date for a public hearing, which date shall not be less than	3065
twenty nor more than forty days from the date of adoption of such	3066
a motion, the date of the certification of such a resolution, or	3067
the date of the filing of such an application. Notice of the	3068
hearing shall be given by the commission by one publication in one	3069
or more newspapers of general circulation in each township	3070
affected by the proposed amendment at least ten days before the	3071
date of the hearing.	3072

(B) If the proposed amendment intends to rezone or redistrict	3073
ten or fewer parcels of land, as listed on the county auditor's	3074
current tax list, written notice of the hearing shall be mailed by	3075
the county rural zoning commission, by first class mail, at least	3076
ten days before the date of the public hearing to all owners of	3077
property within and contiguous to and directly across the street	3078
from the area proposed to be rezoned or redistricted to the	3079
addresses of those owners appearing on the county auditor's	3080
current tax list. The failure of delivery of that notice shall not	3081
invalidate any such amendment.	3082

(C) If the proposed amendment intends to rezone or redistrict	3083
ten or fewer parcels of land as listed on the county auditor's	3084
current tax list, the published and mailed notices shall set forth	3085
the time, date, and place of the public hearing and include all of	3086
the following:	3087

(1) The name of the county rural zoning commission that will	3088
be conducting the hearing;	3089

(2) A statement indicating that the motion, resolution, or	3090
application is an amendment to the zoning resolution;	3091

(3) A list of the addresses of all properties to be rezoned	3092
or redistricted by the proposed amendment and of the names of	3093
owners of these properties, as they appear on the county auditor's	3094
current tax list;	3095

(4) The present zoning classification of property named in	3096
the proposed amendment and the proposed zoning classification of	3097
that property;	3098

(5) The time and place where the motion, resolution, or	3099
application proposing to amend the zoning resolution will be	3100
available for examination for a period of at least ten days prior	3101
to the hearing;	3102

(6) The name of the person responsible for giving notice of	3103
the public hearing by publication, by mail, or by both publication	3104
and mail;	3105

(7) A statement that, after the conclusion of the hearing,	3106
the matter will be submitted to the board of county commissioners	3107
for its action;	3108

(8) Any other information requested by the commission.

3109

(D) If the proposed amendment alters the text of the zoning	3110
resolution, or rezones or redistricts more than ten parcels of	3111
land as listed on the county auditor's current tax list, the	3112
published notice shall set forth the time, date, and place of the	3113
public hearing and include all of the following:	3114

(1) The name of the county rural zoning commission that will	3115
be conducting the hearing on the proposed amendment;	3116

(2) A statement indicating that the motion, application, or	3117
resolution is an amendment to the zoning resolution;	3118

(3) The time and place where the text and maps of the	3119
proposed amendment will be available for examination for a period	3120
of at least ten days prior to the hearing;	3121

(4) The name of the person responsible for giving notice of	3122
the hearing by publication;	3123

(5) A statement that, after the conclusion of the hearing,	3124
the matter will be submitted to the board of county commissioners	3125
for its action;	3126

(6) Any other information requested by the commission.

3127

Hearings shall be held in the county court house or in a	3128
public place designated by the commission.	3129

(E) Within five days after the adoption of the motion	3130
described in division (A) of this section, the certification of	3131
the resolution described in division (A) of this section, or the	3132
filing of the application described in division (A) of this	3133
section, the county rural zoning commission shall transmit a copy	3134
of it together with text and map pertaining to it to the county or	3135
regional planning commission, if there is such a commission.	3136

The county or regional planning commission shall recommend	3137
the approval or denial of the proposed amendment or the approval	3138
of some modification of it and shall submit its recommendation to	3139
the county rural zoning commission. The recommendation shall be	3140
considered at the public hearing held by the county rural zoning	3141
commission on the proposed amendment.	3142

The county rural zoning commission, within thirty days after	3143
the hearing, shall recommend the approval or denial of the	3144
proposed amendment, or the approval of some modification of it,	3145
and shall submit that recommendation together with the motion,	3146
application, or resolution involved, the text and map pertaining	3147
to the proposed amendment, and the recommendation of the county or	3148
regional planning commission on it to the board of county	3149
commissioners.	3150

The board of county commissioners, upon receipt of that	3151
recommendation, shall set a time for a public hearing on the	3152
proposed amendment, which date shall be not more than thirty days	3153
from the date of the receipt of that recommendation. Notice of the	3154
hearing shall be given by the board by one publication in one or	3155
more newspapers of general circulation in the county, at least ten	3156
days before the date of the hearing.	3157

(F) If the proposed amendment intends to rezone or redistrict	3158
ten or fewer parcels of land as listed on the county auditor's	3159
current tax list, the published notice shall set forth the time,	3160
date, and place of the public hearing and include all of the	3161
following:	3162

(1) The name of the board of county commissioners that will	3163
be conducting the hearing;	3164

(2) A statement indicating that the motion, application, or	3165
resolution is an amendment to the zoning resolution;	3166

(3) A list of the addresses of all properties to be rezoned	3167
or redistricted by the proposed amendment and of the names of	3168
owners of those properties, as they appear on the county auditor's	3169
current tax list;	3170

(4) The present zoning classification of property named in	3171
the proposed amendment and the proposed zoning classification of	3172
that property;	3173

(5) The time and place where the motion, application, or	3174
resolution proposing to amend the zoning resolution will be	3175
available for examination for a period of at least ten days prior	3176
to the hearing;	3177

(6) The name of the person responsible for giving notice of	3178
the hearing by publication, by mail, or by both publication and	3179
mail;	3180

(7) Any other information requested by the board.

3181

(G) If the proposed amendment alters the text of the zoning	3182
resolution, or rezones or redistricts more than ten parcels of	3183
land as listed on the county auditor's current tax list, the	3184
published notice shall set forth the time, date, and place of the	3185
public hearing and include all of the following:	3186

(1) The name of the board of county commissioners that will	3187
be conducting the hearing on the proposed amendment;	3188

(2) A statement indicating that the motion, application, or	3189
resolution is an amendment to the zoning resolution;	3190

(3) The time and place where the text and maps of the	3191
proposed amendment will be available for examination for a period	3192
of at least ten days prior to the hearing;	3193

(4) The name of the person responsible for giving notice of	3194
the hearing by publication;	3195

(5) Any other information requested by the board.

3196

(H) Within twenty days after its public hearing, the board of	3197
county commissioners shall either adopt or deny the recommendation	3198
of the county rural zoning commission or adopt some modification	3199
of it. If the board denies or modifies the commission's	3200
recommendation, ~~the unanimous~~a majority vote of the board shall	3201
be required.	3202

The proposed amendment, if adopted by the board, shall become	3203
effective in thirty days after the date of its adoption, unless,	3204
within thirty days after the adoption, there is presented to the	3205
board of county commissioners a petition, signed by a number of	3206
qualified voters residing in the unincorporated area of the	3207
township or part of that unincorporated area included in the	3208
zoning plan equal to not less than eight per cent of the total	3209
vote cast for all candidates for governor in that area at the most	3210
recent general election at which a governor was elected,	3211
requesting the board to submit the amendment to the electors of	3212
that area for approval or rejection at a special election to be	3213
held on the day of the next primary or general election. Each part	3214
of this petition shall contain the number and the full and correct	3215
title, if any, of the zoning amendment resolution, motion, or	3216
application, furnishing the name by which the amendment is known	3217
and a brief summary of its contents. In addition to meeting the	3218
requirements of this section, each petition shall be governed by	3219
the rules specified in section 3501.38 of the Revised Code.	3220

The form of a petition calling for a zoning referendum and	3221
the statement of the circulator shall be substantially as follows:	3222

"PETITION FOR ZONING REFERENDUM	3223

(if the proposal is identified by a particular name or number, or	3224
both, these should be inserted here) ........................	3225

A proposal to amend the zoning map of the unincorporated area	3226
of .............. Township, ................... County, Ohio,	3227
adopted ....... (date) .......... (followed by brief summary of	3228
the proposal).	3229

To the Board of County Commissioners of ..................	3230
County, Ohio:	3231

We, the undersigned, being electors residing in the	3232
unincorporated area of ............... Township, included within	3233
the ................. County Zoning Plan, equal to not less than	3234
eight per cent of the total vote cast for all candidates for	3235
governor in the area at the preceding general election at which a	3236
governor was elected, request the Board of County Commissioners to	3237
submit this amendment of the zoning resolution to the electors of	3238
............. Township residing within the unincorporated area of	3239
the township included in the ............... County Zoning	3240
Resolution, for approval or rejection at a special election to be	3241
held on the day of the next primary or general election to be held	3242
on ........(date)......., pursuant to section 303.12 of the	3243
Revised Code.	3244

	Street Address				Date of		3245
Signature	or R.F.D.	Township	Precinct	County	Signing		3246

..............................................................	3247

..............................................................	3248

STATEMENT OF CIRCULATOR	3249

I, .....................(name of circulator)...................,	3250
declare under penalty of election falsification that I am an	3251
elector of the state of Ohio and reside at the address appearing	3252
below my signature; that I am the circulator of the foregoing part	3253
petition containing .....(number)....... signatures; that I have	3254
witnessed the affixing of every signature; that all signers were	3255
to the best of my knowledge and belief qualified to sign; and that	3256
every signature is to the best of my knowledge and belief the	3257
signature of the person whose signature it purports to be or of an	3258
attorney in fact acting pursuant to section 3501.382 of the	3259
Revised Code.	3260

	................................		3261
	(Signature of circulator)		3262
	................................		3263
	(Address of circulator's permanent		3264
	residence in this state)		3265
	................................		3266
	(City, village, or township,		3267
	and zip code)		3268

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3269
OF THE FIFTH DEGREE."	3270

No amendment for which such a referendum vote has been	3271
requested shall be put into effect unless a majority of the vote	3272
cast on the issue is in favor of the amendment. Upon certification	3273
by the board of elections that the amendment has been approved by	3274
the voters, it shall take immediate effect.	3275

Within five working days after an amendment's effective date,	3276
the board of county commissioners shall file the text and maps of	3277
the amendment in the office of the county recorder and with the	3278
regional or county planning commission, if one exists.	3279

The failure to file any amendment, or any text and maps, or	3280
duplicates of any of these documents, with the office of the	3281
county recorder or the county or regional planning commission as	3282
required by this section does not invalidate the amendment and is	3283
not grounds for an appeal of any decision of the board of zoning	3284
appeals.	3285

Sec. 303.211. (A) Except as otherwise provided in division	3286
(B) or (C) of this section, sections 303.01 to 303.25 of the	3287
Revised Code do not confer any power on any board of county	3288
commissioners or board of zoning appeals in respect to the	3289
location, erection, construction, reconstruction, change,	3290
alteration, maintenance, removal, use, or enlargement of any	3291
buildings or structures of any public utility or railroad, whether	3292
publicly or privately owned, or the use of land by any public	3293
utility or railroad for the operation of its business. As used in	3294
this division, "public utility" does not include a person that	3295
owns or operates a solid waste facility or a solid waste transfer	3296
facility, other than a publicly owned solid waste facility or a	3297
publicly owned solid waste transfer facility, that has been issued	3298
a permit under Chapter 3734. of the Revised Code or a	3299
construction and demolition debris facility that has been issued	3300
a permit under Chapter 3714. of the Revised Code.	3301

(B)(1) As used in this division, "telecommunications tower"	3302
means any free-standing structure, or any structure to be attached	3303
to a building or other structure, that meets all of the following	3304
criteria:	3305

(a) The free-standing or attached structure is proposed to be	3306
constructed on or after October 31, 1996.	3307

(b) The free-standing or attached structure is proposed to be	3308
owned or principally used by a public utility engaged in the	3309
provision of telecommunications services.	3310

(c) The free-standing or attached structure is proposed to be	3311
located in an unincorporated area of a township, in an area zoned	3312
for residential use.	3313

(d)(i) The free-standing structure is proposed to top at a	3314
height that is greater than either the maximum allowable height of	3315
residential structures within the zoned area as set forth in the	3316
applicable zoning regulations, or the maximum allowable height of	3317
such a free-standing structure as set forth in any applicable	3318
zoning regulations in effect immediately prior to October 31,	3319
1996, or as those regulations subsequently are amended.	3320

(ii) The attached structure is proposed to top at a height	3321
that is greater than either the height of the building or other	3322
structure to which it is to be attached, or the maximum allowable	3323
height of such an attached structure as set forth in any	3324
applicable zoning regulations in effect immediately prior to	3325
October 31, 1996, or as those regulations subsequently are	3326
amended.	3327

(e) The free-standing or attached structure is proposed to	3328
have attached to it radio frequency transmission or reception	3329
equipment.	3330

(2) Sections 303.01 to 303.25 of the Revised Code confer	3331
power on a board of county commissioners or board of zoning	3332
appeals with respect to the location, erection, construction,	3333
reconstruction, change, alteration, removal, or enlargement of a	3334
telecommunications tower, but not with respect to the maintenance	3335
or use of such a tower or any change or alteration that would not	3336
substantially increase the tower's height. However, the power so	3337
conferred shall apply to a particular telecommunications tower	3338
only upon the provision of a notice, in accordance with division	3339
(B)(4)(a) of this section, to the person proposing to construct	3340
the tower.	3341

(3) Any person who plans to construct a telecommunications	3342
tower in an area subject to county zoning regulations shall	3343
provide both of the following by certified mail:	3344

(a) Written notice to the board of township trustees of the	3345
township in which the tower is proposed to be constructed and to	3346
each owner of property, as shown on the county auditor's current	3347
tax list, whose land is contiguous to or directly across a street	3348
or roadway from the property on which the tower is proposed to be	3349
constructed, stating all of the following in clear and concise	3350
language:	3351

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

3352

(ii) A description of the property sufficient to identify the	3353
proposed location;	3354

(iii) That, no later than fifteen days after the date of	3355
mailing of the notice, such board of township trustees or any such	3356
property owner may give written notice to the board of county	3357
commissioners requesting that sections 303.01 to 303.25 of the	3358
Revised Code apply to the proposed location of the tower as	3359
provided under division (B)(4)(a) of this section.	3360

If the notice to the board of township trustees or to a	3361
property owner is returned unclaimed or refused, the person shall	3362
mail the notice by regular mail. The failure of delivery of the	3363
notice does not invalidate the notice.	3364

(b) Written notice to the board of county commissioners of	3365
the information specified in divisions (B)(3)(a)(i) and (ii) of	3366
this section. The notice to the board also shall include	3367
verification that the person has complied with division (B)(3)(a)	3368
of this section.	3369

(4)(a) If the board of county commissioners receives notice	3370
from the board of township trustees or a property owner under	3371
division (B)(3)(a)(iii) of this section within the time specified	3372
in that division or if a member of the board of county	3373
commissioners makes an objection to the proposed location of the	3374
telecommunications tower within fifteen days after the date of	3375
mailing of the notice sent under division (B)(3)(b) of this	3376
section, the board of county commissioners shall send the person	3377
proposing to construct the tower written notice that the tower is	3378
subject to the power conferred by and in accordance with division	3379
(B)(2) of this section. The notice shall be sent no later than	3380
five days after the earlier of the date the board first receives	3381
such a notice from the board of township trustees or a property	3382
owner or the date upon which a member of the board of county	3383
commissioners makes an objection. Upon the date of mailing of the	3384
notice to the person, sections 303.01 to 303.25 of the Revised	3385
Code shall apply to the tower.	3386

(b) If the board of county commissioners receives no notice	3387
under division (B)(3)(a)(iii) of this section within the time	3388
prescribed by that division or no board member has an objection as	3389
provided under division (B)(4)(a) of this section within the time	3390
prescribed by that division, division (A) of this section shall	3391
apply to the tower without exception.	3392

(C) Sections 303.01 to 303.25 of the Revised Code confer	3393
power on a board of county commissioners or board of zoning	3394
appeals with respect to the location, erection, construction,	3395
reconstruction, change, alteration, maintenance, removal, use, or	3396
enlargement of any buildings or structures of a public utility	3397
engaged in the business of transporting persons or property, or	3398
both, or providing or furnishing such transportation service, over	3399
any public street, road, or highway in this state, and with	3400
respect to the use of land by any such public utility for the	3401
operation of its business, to the extent that any exercise of such	3402
power is reasonable and not inconsistent with Chapters 4901.,	3403
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3404
However, this division confers no power on a board of county	3405
commissioners or board of zoning appeals with respect to a	3406
building or structure of, or the use of land by, a person engaged	3407
in the transportation of farm supplies to the farm or farm	3408
products from farm to market or to food fabricating plants.	3409

(D) Sections 303.01 to 303.25 of the Revised Code confer no	3410
power on any county rural zoning commission, board of county	3411
commissioners, or board of zoning appeals to prohibit the sale or	3412
use of alcoholic beverages in areas where the establishment and	3413
operation of any retail business, hotel, lunchroom, or restaurant	3414
is permitted.	3415

(E)(1) Any person who plans to construct a telecommunications	3416
tower within one hundred feet of a residential dwelling shall	3417
provide a written notice to the owner of the residential dwelling	3418
and to the person occupying the residence, if that person is not	3419
the owner of the residence, stating in clear and concise language	3420
the person's intent to construct the tower and a description of	3421
the property sufficient to identify the proposed location. The	3422
notice shall be sent by certified mail. If the notice is returned	3423
unclaimed or refused, the person shall mail the notice by regular	3424
mail. The failure of delivery does not invalidate the notice.	3425

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

3426

(a) "Residential dwelling" means a building used or intended	3427
to be used as a personal residence by the owner, part-time owner,	3428
or lessee of the building, or any person authorized by such a	3429
person to use the building as a personal residence.	3430

(b) "Telecommunications tower" has the same meaning as in	3431
division (B)(1) of this section, except that the proposed location	3432
of the free-standing or attached structure may be an area other	3433
than an unincorporated area of a township, in an area zoned for	3434
residential use.	3435

Sec. 303.213. (A) As used in this section, "small wind farm"	3436
means wind turbines and associated facilities that are	3437
interconnected with a medium voltage power collection system and	3438
communications network and are designed for, or capable of,	3439
operation at an aggregate capacity of less than five megawatts.	3440

(B) Notwithstanding division (A) of section 303.211 of the	3441
Revised Code, sections 303.01 to 303.25 of the Revised Code confer	3442
power on a board of county commissioners or board of zoning	3443
appeals to adopt zoning regulations governing the location,	3444
erection, construction, reconstruction, change, alteration,	3445
maintenance, removal, use, or enlargement of any small wind farm,	3446
whether publicly or privately owned, or the use of land for that	3447
purpose, which regulations may be more strict than the regulations	3448
prescribed in rules adopted under division (C)(2) of section	3449
4906.20 of the Revised Code.	3450

(C) The designation under this section of a small wind farm	3451
as a public utility for purposes of sections 303.01 to 303.25 of	3452
the Revised Code shall not affect the classification of a small	3453
wind farm for purposes of state or local taxation.	3454

(D) Nothing in division (C) of this section shall be	3455
construed as affecting the classification of a telecommunications	3456
tower as defined in division (B) or (E) of section 303.211 of the	3457
Revised Code or any other public utility for purposes of state and	3458
local taxation.	3459

Sec. 306.43. (A) The board of trustees of a regional transit	3460
authority or any officer or employee designated by such board may	3461
make any contract for the purchase of goods or services, the cost	3462
of which does not exceed ~~twenty-five~~one hundred thousand	3463
dollars. When an expenditure, other than for the acquisition of	3464
real estate, the discharge of claims, or the acquisition of	3465
goods or services under the circumstances described in division	3466
(H) of this section, is expected to exceed ~~twenty-five~~one	3467
hundred thousand dollars, such expenditure shall be made through	3468
full and open competition by the use of competitive procedures.	3469
The regional transit authority shall use the competitive	3470
procedure, as set forth in divisions (B), (C), (D), and (E) of	3471
this section, that is most appropriate under the circumstances	3472
of the procurement.	3473

(B) Competitive sealed bidding is the preferred method of	3474
procurement and a regional transit authority shall use that method	3475
if all of the following conditions exist:	3476

(1) A clear, complete and adequate description of the goods,	3477
services, or work is available;	3478

(2) Time permits the solicitation, submission, and evaluation	3479
of sealed bids;	3480

(3) The award will be made on the basis of price and other	3481
price-related factors;	3482

(4) It is not necessary to conduct discussions with	3483
responding offerors about their bids;	3484

(5) There is a reasonable expectation of receiving more than	3485
one sealed bid.	3486

A regional transit authority shall publish a notice calling	3487
for bids once a week for no less than two consecutive weeks in at	3488
least one newspaper of general circulation within the territorial	3489
boundaries of the regional transit authority. A regional transit	3490
authority may require that a bidder for any contract other than a	3491
construction contract provide a bid guaranty in the form, quality,	3492
and amount considered appropriate by the regional transit	3493
authority. The board may let the contract to the lowest responsive	3494
and responsible bidder. Where fewer than two responsive bids are	3495
received, a regional transit authority may negotiate price with	3496
the sole responsive bidder or may rescind the solicitation and	3497
procure under division (H)(2) of this section.	3498

(C) A regional transit authority may use two-step competitive	3499
bidding, consisting of a technical proposal and a separate,	3500
subsequent sealed price bid from those submitting acceptable	3501
technical proposals, if both of the following conditions exist:	3502

(1) A clear, complete, and adequate description of the goods,	3503
services, or work is not available, but definite criteria exist	3504
for the evaluation of technical proposals;	3505

(2) It is necessary to conduct discussions with responding	3506
offerors.	3507

A regional transit authority shall publish a notice calling	3508
for technical proposals once a week for no less than two	3509
consecutive weeks in at least one newspaper of general circulation	3510
within the territorial boundaries of the regional transit	3511
authority. A regional transit authority may require a bid guaranty	3512
in the form, quality, and amount the regional transit authority	3513
considers appropriate. The board may let the contract to the	3514
lowest responsive and responsible bidder. Where fewer than two	3515
responsive and responsible bids are received, a regional transit	3516
authority may negotiate price with the sole responsive and	3517
responsible bidder or may rescind the solicitation and procure	3518
under division (H)(2) of this section.	3519

(D) A regional transit authority shall make a procurement by	3520
competitive proposals if competitive sealed bidding or two-step	3521
competitive bidding is not appropriate.	3522

A regional transit authority shall publish a notice calling	3523
for proposals once a week for no less than two consecutive weeks	3524
in at least one newspaper of general circulation within the	3525
territorial boundaries of the regional transit authority. A	3526
regional transit authority may require a proposal guaranty in the	3527
form, quality, and amount considered appropriate by the regional	3528
transit authority. The board may let the contract to the proposer	3529
making the offer considered most advantageous to the authority.	3530
Where fewer than two competent proposals are received, a regional	3531
transit authority may negotiate price and terms with the sole	3532
proposer or may rescind the solicitation and procure under	3533
division (H)(2) of this section.	3534

(E)(1) A regional transit authority shall procure the	3535
services of an architect or engineer in the manner prescribed by	3536
the "Federal Mass Transportation Act of 1987," Public Law No.	3537
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	3538
and the services of a construction manager in the manner	3539
prescribed by sections 9.33 to 9.332 of the Revised Code.	3540

(2) A regional transit authority may procure revenue rolling	3541
stock in the manner prescribed by division (B), (C), or (D) of	3542
this section.	3543

(3) All contracts for construction in excess of ~~twenty-five~~	3544
one hundred thousand dollars shall be made only after the regional	3545
transit authority has published a notice calling for bids once a	3546
week for two consecutive weeks in at least one newspaper of	3547
general circulation within the territorial boundaries of the	3548
regional transit authority. The board may award a contract to the	3549
lowest responsive and responsible bidder. Where only one	3550
responsive and responsible bid is received, the regional transit	3551
authority may negotiate price with the sole responsive bidder or	3552
may rescind the solicitation. The regional transit authority	3553
shall award construction contracts in accordance with sections	3554
153.12 to 153.14 and 153.54 of the Revised Code. Divisions (B)	3555
and (C) of this section shall not apply to the award of contracts	3556
for construction.	3557

(F) All contracts involving expenditures in excess of	3558
~~twenty-five~~one hundred thousand dollars shall be in writing and	3559
shall be accompanied by or shall refer to plans and specifications	3560
for the work to be done. The plans and specifications shall at all	3561
times be made and considered part of the contract. For all	3562
contracts other than construction contracts, a regional transit	3563
authority may require performance, payment, or maintenance	3564
guaranties or any combination of such guaranties in the form,	3565
quality, and amount it considers appropriate. The contract shall	3566
be approved by the board and signed on behalf of the regional	3567
transit authority and by the contractor.	3568

(G) In making a contract, a regional transit authority may	3569
give preference to goods produced in the United States in	3570
accordance with the Buy America requirements in the "Surface	3571
Transportation Assistance Act of 1982," Public Law No. 97-424,	3572
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	3573
the rules adopted thereunder. The regional transit authority also	3574
may give preference to providers of goods produced in and services	3575
provided in labor surplus areas as defined by the United States	3576
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	3577
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	3578

(H) Competitive procedures under this section are not	3579
required in any of the following circumstances:	3580

(1) The board of trustees of a regional transit authority, by	3581
a two-thirds affirmative vote of its members, determines that a	3582
real and present emergency exists under any of the following	3583
conditions, and the board enters its determination and the reasons	3584
for it in its proceedings:	3585

(a) Affecting safety, welfare, or the ability to deliver	3586
transportation services;	3587

(b) Arising out of an interruption of contracts essential to	3588
the provision of daily transit services;	3589

(c) Involving actual physical damage to structures, supplies,	3590
equipment, or property.	3591

(2) The purchase consists of goods or services, or any	3592
combination thereof, and after reasonable inquiry the board or any	3593
officer or employee the board designates finds that only one	3594
source of supply is reasonably available.	3595

(3) The expenditure is for a renewal or renegotiation of a	3596
lease or license for telecommunications or electronic data	3597
processing equipment, services, or systems, or for the upgrade of	3598
such equipment, services, or systems, or for the maintenance	3599
thereof as supplied by the original source or its successors or	3600
assigns.	3601

(4) The purchase of goods or services is made from another	3602
political subdivision, public agency, public transit system,	3603
regional transit authority, the state, or the federal government,	3604
or as a third-party beneficiary under a state or federal	3605
procurement contract, or as a participant in a department of	3606
administrative services contract under division (B) of section	3607
125.04 of the Revised Code.	3608

(5) The sale and leaseback or lease and leaseback of transit	3609
facilities is made as provided in division (AA) of section 306.35	3610
of the Revised Code.	3611

(6) The purchase substantially involves services of a	3612
personal, professional, highly technical, or scientific nature,	3613
including but not limited to the services of an attorney,	3614
physician, surveyor, appraiser, investigator, court reporter,	3615
adjuster, advertising consultant, or licensed broker, or involves	3616
the special skills or proprietary knowledge required for the	3617
servicing of specialized equipment owned by the regional transit	3618
authority.	3619

(7) Services or supplies are available from a qualified	3620
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	3621
Revised Code.	3622

(8) The purchase consists of the product or services of a	3623
public utility.	3624

(9) The purchase is for the services of individuals with	3625
disabilities to work in the authority's commissaries or	3626
cafeterias, and those individuals are supplied by a nonprofit	3627
corporation or association whose purpose is to assist individuals	3628
with disabilities, whether or not that corporation or association	3629
is funded entirely or in part by the federal government, or the	3630
purchase is for services provided by a nonprofit corporation or	3631
association whose purpose is to assist individuals with	3632
disabilities, whether or not that corporation or association is	3633
funded entirely or in part by the federal government. For purposes	3634
of division (H)(9) of this section, "disability" has the same	3635
meaning as in section 4112.01 of the Revised Code.	3636

(I) A regional transit authority may enter into blanket	3637
purchase agreements for purchases of maintenance, operating, or	3638
repair goods or services where the item cost does not exceed five	3639
hundred dollars and the annual expenditure does not exceed	3640
~~twenty-five~~one hundred thousand dollars.	3641

(J) Nothing contained in this section prohibits a regional	3642
transit authority from participating in intergovernmental	3643
cooperative purchasing arrangements.	3644

(K) Except as otherwise provided in this chapter, a regional	3645
transit authority shall make a sale or other disposition of	3646
property through full and open competition. Except as provided in	3647
division (L) of this section, all dispositions of personal	3648
property and all grants of real property for terms exceeding five	3649
years shall be made by public auction or competitive procedure.	3650

(L) The competitive procedures required by division (K) of	3651
this section are not required in any of the following	3652
circumstances:	3653

(1) The grant is a component of a joint development between	3654
public and private entities and is intended to enhance or benefit	3655
public transit.	3656

(2) The grant of a limited use or of a license affecting land	3657
is made to an owner of abutting real property.	3658

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

3659

(4) The grant or disposition is to a department of the	3660
federal or state government, to a political subdivision of the	3661
state, or to any other governmental entity.	3662

(5) Used equipment is traded on the purchase of equipment and	3663
the value of the used equipment is a price-related factor in the	3664
basis for award for the purchase.	3665

(6) The value of the personal property is such that	3666
competitive procedures are not appropriate and the property either	3667
is sold at its fair market value or is disposed of by gift to a	3668
nonprofit entity having the general welfare or education of the	3669
public as one of its principal objects.	3670

(M) The board of trustees of a regional transit authority,	3671
when making a contract funded exclusively by state or local moneys	3672
or any combination thereof, shall make a good faith effort to use	3673
disadvantaged business enterprise participation to the same extent	3674
required under Section 105(f) of the "Surface Transportation	3675
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	3676
Section 106(c) of the "Surface Transportation and Uniform	3677
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	3678
Stat. 145, and the rules adopted thereunder.	3679

(N) As used in this section:

3680

(1) "Goods" means all things, including specially	3681
manufactured goods, that are movable at the time of identification	3682
to the contract for sale other than the money in which the price	3683
is to be paid, investment securities, and things in action.	3684
"Goods" also includes other identified things attached to realty	3685
as described in section 1302.03 of the Revised Code.	3686

(2) "Services" means the furnishing of labor, time, or effort	3687
by a contractor, not involving the delivery of goods or reports	3688
other than goods or reports that are merely incidental to the	3689
required performance, including but not limited to insurance,	3690
bonding, or routine operation, routine repair, or routine	3691
maintenance of existing structures, buildings, real property, or	3692
equipment, but does not include employment agreements, collective	3693
bargaining agreements, or personal services.	3694

(3) "Construction" means the process of building, altering,	3695
repairing, improving, painting, decorating, or demolishing any	3696
structure or building, or other improvements of any kind to any	3697
real property owned or leased by a regional transit authority.	3698

(4) "Full and open competition" has the same meaning as in	3699
the "Office of Federal Procurement Policy Act," Public Law No.	3700
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	3701

(5) A bidder is "responsive" if, applying the criteria of	3702
division (A) of section 9.312 of the Revised Code, the bidder is	3703
"responsive" as described in that section.	3704

(6) A bidder is "responsible" if, applying the criteria of	3705
division (A) of section 9.312 of the Revised Code and of the	3706
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	3707
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	3708
"responsible" as described in those sections.	3709

Sec. 307.697. (A) For the purpose of section 307.696 of the	3710
Revised Code and to pay any or all of the charge the board of	3711
elections makes against the county to hold the election on the	3712
question of levying the tax, or for those purposes and to provide	3713
revenues to the county for permanent improvements, the board of	3714
county commissioners of a county may levy a tax not to exceed	3715
three dollars on each gallon of spirituous liquor sold to or	3716
purchased by liquor permit holders for resale, and sold at retail	3717
by the division of liquor control, in the county. The tax shall be	3718
levied on the number of gallons so sold. The tax may be levied for	3719
any number of years not exceeding twenty.	3720

The tax shall be levied pursuant to a resolution of the board	3721
of county commissioners approved by a majority of the electors in	3722
the county voting on the question of levying the tax, which	3723
resolution shall specify the rate of the tax, the number of years	3724
the tax will be levied, and the purposes for which the tax is	3725
levied. The election may be held on the date of a general or	3726
special election held not sooner than seventy-five days after the	3727
date the board certifies its resolution to the board of elections.	3728
If approved by the electors, the tax takes effect on the first day	3729
of the month specified in the resolution but not sooner than the	3730
first day of the month that is at least sixty days after the	3731
certification of the election results by the board of elections. A	3732
copy of the resolution levying the tax shall be certified to the	3733
division of liquor control at least sixty days prior to the date	3734
on which the tax is to become effective.	3735

(B) A resolution under this section may be joined on the	3736
ballot as a single question with a resolution adopted under	3737
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	3738
the same purposes, and for the purpose of paying the expenses of	3739
administering that tax.	3740

(C) The form of the ballot in an election held pursuant to	3741
this section or section 4301.421 or 5743.024 of the Revised Code	3742
shall be as follows or in any other form acceptable to the	3743
secretary of state:	3744

"For the purpose of paying not more than one-half of the	3745
costs of providing a public sports facility together with related	3746
redevelopment and economic development projects, shall (an) excise	3747
tax(es) be levied by .......... county at the rate of ......	3748
(dollars on each gallon of spirituous liquor sold in the county by	3749
the Ohio division of liquor control, cents per gallon on the sale	3750
of beer at wholesale in the county, cents per gallon on the sale	3751
of wine and mixed beverages at wholesale in the county, cents per	3752
gallon on the sale of cider at wholesale in the county, or mills	3753
per cigarette on the sale of cigarettes at wholesale in the	3754
county), for ...... years?	3755

3756

		Yes			3757
		No	"		3758

3759

For an election in which questions under this section or	3760
section 4301.421 or 5743.024 of the Revised Code are joined as a	3761
single question, the form of the ballot shall be as above, except	3762
each of the proposed taxes shall be listed.	3763

(D) The board of county commissioners of a county in which a	3764
tax is imposed under this section on July 19, 1995, may levy a tax	3765
for the purpose of section 307.673 of the Revised Code regardless	3766
of whether or not the cooperative agreement authorized under that	3767
section has been entered into prior to the day the resolution	3768
adopted under division (D)(1) or (2) of this section is adopted,	3769
and for the purpose of reimbursing a county for costs incurred in	3770
the construction of a sports facility pursuant to an agreement	3771
entered into by the county under section 307.696 of the Revised	3772
Code. The tax shall be levied and approved in one of the manners	3773
prescribed by division (D)(1) or (2) of this section.	3774

(1) The tax may be levied pursuant to a resolution adopted by	3775
a majority of the members of the board of county commissioners not	3776
later than forty-five days after July 19, 1995. A board of county	3777
commissioners approving a tax under division (D)(1) of this	3778
section may approve a tax under division (B)(1) of section	3779
4301.421 or division (C)(1) of section 5743.024 of the Revised	3780
Code at the same time. Subject to the resolution being submitted	3781
to a referendum under sections 305.31 to 305.41 of the Revised	3782
Code, the resolution shall take effect immediately, but the tax	3783
levied pursuant to the resolution shall not be levied prior to the	3784
day following the last day the tax levied pursuant to divisions	3785
(A), (B), and (C) of this section may be levied.	3786

(2) The tax may be levied pursuant to a resolution adopted by	3787
a majority of the members of the board of county commissioners not	3788
later than forty-five days after July 19, 1995, and approved by a	3789
majority of the electors of the county voting on the question of	3790
levying the tax at the next succeeding general election following	3791
July 19, 1995. The board of county commissioners shall certify a	3792
copy of the resolution to the board of elections immediately upon	3793
adopting a resolution under division (D)(2) of this section, and	3794
the board of elections shall place the question of levying the tax	3795
on the ballot at that election. The form of the ballot shall be as	3796
prescribed by division (C) of this section, except that the phrase	3797
"paying not more than one-half of the costs of providing a sports	3798
facility together with related redevelopment and economic	3799
development projects" shall be replaced by the phrase "paying the	3800
costs of constructing or renovating a sports facility and	3801
reimbursing a county for costs incurred by the county in the	3802
construction of a sports facility," and the phrase ", beginning	3803
.......... (here insert the earliest date the tax would take	3804
effect)" shall be appended after "years." A board of county	3805
commissioners submitting the question of a tax under division	3806
(D)(2) of this section may submit the question of a tax under	3807
division (B)(2) of section 4301.421 or division (C)(2) of section	3808
5743.024 of the Revised Code as a single question, and the form of	3809
the ballot shall include each of the proposed taxes.	3810

If approved by a majority of electors voting on the question,	3811
the tax shall take effect on the day specified on the ballot,	3812
which shall not be earlier than the day following the last day the	3813
tax levied pursuant to divisions (A), (B), and (C) of this section	3814
may be levied.	3815

The rate of a tax levied pursuant to division (D)(1) or (2)	3816
of this section shall not exceed the rate specified in division	3817
(A) of this section. A tax levied pursuant to division (D)(1) or	3818
(2) of this section may be levied for any number of years not	3819
exceeding twenty.	3820

A board of county commissioners adopting a resolution under	3821
division (D)(1) or (2) of this section shall certify a copy of the	3822
resolution to the division of liquor control immediately upon	3823
adoption of the resolution.	3824

(E) No tax shall be levied under this section on or after the	3825
effective date of the amendment of this section by the capital	3826
appropriations act of the 127th general assembly. This division	3827
does not prevent the collection of any tax levied under this	3828
section before that date so long as that tax remains effective.	3829

Sec. 317.32. The county recorder shall charge and collect	3830
the following fees, to include base fees for the recorder's	3831
services and housing trust fund fees, collected pursuant to	3832
section 317.36 of the Revised Code:	3833

(A) For recording and indexing an instrument when the	3834
photocopy or any similar process is employed, a base fee of	3835
fourteen dollars for the first two pages and a housing trust fund	3836
fee of fourteen dollars, and a base fee of four dollars and a	3837
housing trust fund fee of four dollars for each subsequent page,	3838
size eight and one-half inches by fourteen inches, or fraction of	3839
a page, including the caption page, of such instrument;	3840

(B) For certifying a photocopy from the record previously	3841
recorded, a base fee of one dollar and a housing trust fund fee of	3842
one dollar per page, size eight and one-half inches by fourteen	3843
inches, or fraction of a page; for each certification where the	3844
recorder's seal is required, except as to instruments issued by	3845
the armed forces of the United States, a base fee of fifty cents	3846
and a housing trust fund fee of fifty cents;	3847

(C) For manual or typewritten recording of assignment or	3848
satisfaction of mortgage or lease or any other marginal entry, a	3849
base fee of four dollars and a housing trust fund fee of four	3850
dollars;	3851

(D) For entering any marginal reference by separate recorded	3852
instrument, a base fee of two dollars and a housing trust fund fee	3853
of two dollars for each marginal reference set out in that	3854
instrument, in addition to the fees set forth in division (A) of	3855
this section;	3856

(E) For indexing in the real estate mortgage records,	3857
pursuant to section 1309.519 of the Revised Code, financing	3858
statements covering crops growing or to be grown, timber to be	3859
cut, minerals or the like, including oil and gas, accounts subject	3860
to section 1309.301 of the Revised Code, or fixture filings made	3861
pursuant to section 1309.334 of the Revised Code, a base fee of	3862
two dollars and a housing trust fund fee of two dollars for each	3863
name indexed;	3864

(F) For recording manually any plat not exceeding six lines,	3865
a base fee of two dollars and a housing trust fund fee of two	3866
dollars, and for each additional line, a base fee of ten cents and	3867
a housing trust fund fee of ten cents;	3868

(G) For filing zoning resolutions, including text and maps,	3869
in the office of the recorder as required under sections 303.11	3870
and 519.11 of the Revised Code, a base fee of ~~fifty~~twenty-five	3871
dollars and a housing trust fund fee of ~~fifty~~twenty-five dollars,	3872
regardless of the size or length of the resolutions;	3873

(H) For filing zoning amendments, including text and maps, in	3874
the office of the recorder as required under sections 303.12 and	3875
519.12 of the Revised Code, a base fee of ten dollars and a	3876
housing trust fund fee of ten dollars ~~for the first page and a~~	3877
~~base fee of four dollars and a housing trust fund fee of four~~	3878
~~dollars for each additional page~~regardless of the size or length	3879
of the amendments;	3880

(I) For photocopying a document, other than at the time of	3881
recording and indexing as provided for in division (A) of this	3882
section, a base fee of one dollar and a housing trust fund fee of	3883
one dollar per page, size eight and one-half inches by fourteen	3884
inches, or fraction thereof;	3885

(J) For local facsimile transmission of a document, a base	3886
fee of one dollar and a housing trust fund fee of one dollar per	3887
page, size eight and one-half inches by fourteen inches, or	3888
fraction thereof; for long distance facsimile transmission of a	3889
document, a base fee of two dollars and a housing trust fund fee	3890
of two dollars per page, size eight and one-half inches by	3891
fourteen inches, or fraction thereof;	3892

(K) For recording a declaration executed pursuant to section	3893
2133.02 of the Revised Code or a durable power of attorney for	3894
health care executed pursuant to section 1337.12 of the Revised	3895
Code, or both a declaration and a durable power of attorney for	3896
health care, a base fee of at least fourteen dollars but not more	3897
than twenty dollars and a housing trust fund fee of at least	3898
fourteen dollars but not more than twenty dollars.	3899

In any county in which the recorder employs the photostatic	3900
or any similar process for recording maps, plats, or prints the	3901
recorder shall determine, charge, and collect for the recording or	3902
rerecording of any map, plat, or print, a base fee of five cents	3903
and a housing trust fund fee of five cents per square inch, for	3904
each square inch of the map, plat, or print filed for that	3905
recording or rerecording, with a minimum base fee of twenty	3906
dollars and a minimum housing trust fund fee of twenty dollars;	3907
for certifying a copy from the record, a base fee of two cents and	3908
a housing trust fund fee of two cents per square inch of the	3909
record, with a minimum base fee of two dollars and a minimum	3910
housing trust fund fee of two dollars.	3911

The fees provided in this section shall be paid upon the	3912
presentation of the instruments for record or upon the application	3913
for any certified copy of the record, except that the payment of	3914
fees associated with the filing and recording of, or the copying	3915
of, notices of internal revenue tax liens and notices of other	3916
liens in favor of the United States as described in division (A)	3917
of section 317.09 of the Revised Code and certificates of	3918
discharge or release of those liens, shall be governed by section	3919
317.09 of the Revised Code, and the payment of fees for providing	3920
copies of instruments conveying or extinguishing agricultural	3921
easements to the office of farmland preservation in the department	3922
of agriculture under division (H) of section 5301.691 of the	3923
Revised Code shall be governed by that division.	3924

Sec. 319.301. (A) This section does not apply to any of the	3925
following:	3926

(1) Taxes levied at whatever rate is required to produce a	3927
specified amount of tax money, including a tax levied under	3928
section 5705.199 or 5705.211 of the Revised Code, or an amount to	3929
pay debt charges;	3930

(2) Taxes levied within the one per cent limitation imposed	3931
by Section 2 of Article XII, Ohio Constitution;	3932

(3) Taxes provided for by the charter of a municipal	3933
corporation.	3934

(B) As used in this section:

3935

(1) "Real property" includes real property owned by a	3936
railroad.	3937

(2) "Carryover property" means all real property on the	3938
current year's tax list except:	3939

(a) Land and improvements that were not taxed by the district	3940
in both the preceding year and the current year;	3941

(b) Land and improvements that were not in the same class in	3942
both the preceding year and the current year.	3943

(3) "Effective tax rate" means with respect to each class of	3944
property:	3945

(a) The sum of the total taxes that would have been charged	3946
and payable for current expenses against real property in that	3947
class if each of the district's taxes were reduced for the current	3948
year under division (D)(1) of this section without regard to the	3949
application of division (E)(3) of this section divided by	3950

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

3951

(4) "Taxes charged and payable" means the taxes charged and	3952
payable prior to any reduction required by section 319.302 of the	3953
Revised Code.	3954

(C) The tax commissioner shall make the determinations	3955
required by this section each year, without regard to whether a	3956
taxing district has territory in a county to which section 5715.24	3957
of the Revised Code applies for that year. Separate determinations	3958
shall be made for each of the two classes established pursuant to	3959
section 5713.041 of the Revised Code.	3960

(D) With respect to each tax authorized to be levied by each	3961
taxing district, the tax commissioner, annually, shall do both of	3962
the following:	3963

(1) Determine by what percentage, if any, the sums levied by	3964
such tax against the carryover property in each class would have	3965
to be reduced for the tax to levy the same number of dollars	3966
against such property in that class in the current year as were	3967
charged against such property by such tax in the preceding year	3968
subsequent to the reduction made under this section but before the	3969
reduction made under section 319.302 of the Revised Code. In the	3970
case of a tax levied for the first time that is not a renewal of	3971
an existing tax, the commissioner shall determine by what	3972
percentage the sums that would otherwise be levied by such tax	3973
against carryover property in each class would have to be reduced	3974
to equal the amount that would have been levied if the full rate	3975
thereof had been imposed against the total taxable value of such	3976
property in the preceding tax year. A tax or portion of a tax that	3977
is designated a replacement levy under section 5705.192 of the	3978
Revised Code is not a renewal of an existing tax for purposes of	3979
this division.	3980

(2) Certify each percentage determined in division (D)(1) of	3981
this section, as adjusted under division (E) of this section, and	3982
the class of property to which that percentage applies to the	3983
auditor of each county in which the district has territory. The	3984
auditor, after complying with section 319.30 of the Revised Code,	3985
shall reduce the sum to be levied by such tax against each parcel	3986
of real property in the district by the percentage so certified	3987
for its class. Certification shall be made by the first day of	3988
September except in the case of a tax levied for the first time,	3989
in which case certification shall be made within fifteen days of	3990
the date the county auditor submits the information necessary to	3991
make the required determination.	3992

(E)(1) As used in division (E)(2) of this section, "pre-1982	3993
joint vocational taxes" means, with respect to a class of	3994
property, the difference between the following amounts:	3995

(a) The taxes charged and payable in tax year 1981 against	3996
the property in that class for the current expenses of the joint	3997
vocational school district of which the school district is a part	3998
after making all reductions under this section;	3999

(b) The following percentage of the taxable value of all real	4000
property in that class:	4001

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

4002

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

4003

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

4004

(iv) In 1990 and each subsequent year, two-tenths of one per	4005
cent.	4006

If the amount in division (E)(1)(b) of this section exceeds	4007
the amount in division (E)(1)(a) of this section, the pre-1982	4008
joint vocational taxes shall be zero.	4009

As used in divisions (E)(2) and (3) of this section, "taxes	4010
charged and payable" has the same meaning as in division (B)(4) of	4011
this section and excludes any tax charged and payable in 1985 or	4012
thereafter under sections 5705.194 to 5705.197 or section 5705.199	4013
or 5705.213 of the Revised Code.	4014

(2) If in the case of a school district other than a joint	4015
vocational or cooperative education school district any percentage	4016
required to be used in division (D)(2) of this section for either	4017
class of property could cause the total taxes charged and payable	4018
for current expenses to be less than two per cent of the taxable	4019
value of all real property in that class that is subject to	4020
taxation by the district, the commissioner shall determine what	4021
percentages would cause the district's total taxes charged and	4022
payable for current expenses against that class, after all	4023
reductions that would otherwise be made under this section, to	4024
equal, when combined with the pre-1982 joint vocational taxes	4025
against that class, the lesser of the following:	4026

(a) The sum of the rates at which those taxes are authorized	4027
to be levied;	4028

(b) Two per cent of the taxable value of the property in that	4029
class. The auditor shall use such percentages in making the	4030
reduction required by this section for that class.	4031

(3)(a) If in the case of a joint vocational school district	4032
any percentage required to be used in division (D)(2) of this	4033
section for either class of property could cause the total taxes	4034
charged and payable for current expenses for that class to be less	4035
than the designated amount, the commissioner shall determine what	4036
percentages would cause the district's total taxes charged and	4037
payable for current expenses for that class, after all reductions	4038
that would otherwise be made under this section, to equal the	4039
designated amount. The auditor shall use such percentages in	4040
making the reductions required by this section for that class.	4041

(b) As used in division (E)(3)(a) of this section, the	4042
designated amount shall equal the taxable value of all real	4043
property in the class that is subject to taxation by the district	4044
times the lesser of the following:	4045

(i) Two-tenths of one per cent;

4046

(ii) The district's effective rate plus the following	4047
percentage for the year indicated:	4048

	WHEN COMPUTING THE				4049
	TAXES CHARGED FOR		ADD THE FOLLOWING PERCENTAGE:		4050

1987	0.025%	4051
1988	0.05%	4052
1989	0.075%	4053
1990	0.1%	4054
1991	0.125%	4055
1992	0.15%	4056
1993	0.175%	4057
1994 and thereafter	0.2%	4058

(F) No reduction shall be made under this section in the rate	4059
at which any tax is levied.	4060

(G) The commissioner may order a county auditor to furnish	4061
any information the commissioner needs to make the determinations	4062
required under division (D) or (E) of this section, and the	4063
auditor shall supply the information in the form and by the date	4064
specified in the order. If the auditor fails to comply with an	4065
order issued under this division, except for good cause as	4066
determined by the commissioner, the commissioner shall withhold	4067
from such county or taxing district therein fifty per cent of	4068
state revenues to local governments pursuant to section 5747.50 of	4069
the Revised Code or shall direct the department of education to	4070
withhold therefrom fifty per cent of state revenues to school	4071
districts pursuant to Chapter 3317. of the Revised Code. The	4072
commissioner shall withhold the distribution of such revenues	4073
until the county auditor has complied with this division, and the	4074
department shall withhold the distribution of such revenues until	4075
the commissioner has notified the department that the county	4076
auditor has complied with this division.	4077

(H) If the commissioner is unable to certify a tax reduction	4078
factor for either class of property in a taxing district located	4079
in more than one county by the last day of November because	4080
information required under division (G) of this section is	4081
unavailable, the commissioner may compute and certify an estimated	4082
tax reduction factor for that district for that class. The	4083
estimated factor shall be based upon an estimate of the	4084
unavailable information. Upon receipt of the actual information	4085
for a taxing district that received an estimated tax reduction	4086
factor, the commissioner shall compute the actual tax reduction	4087
factor and use that factor to compute the taxes that should have	4088
been charged and payable against each parcel of property for the	4089
year for which the estimated reduction factor was used. The amount	4090
by which the estimated factor resulted in an overpayment or	4091
underpayment in taxes on any parcel shall be added to or	4092
subtracted from the amount due on that parcel in the ensuing tax	4093
year.	4094

A percentage or a tax reduction factor determined or computed	4095
by the commissioner under this section shall be used solely for	4096
the purpose of reducing the sums to be levied by the tax to which	4097
it applies for the year for which it was determined or computed.	4098
It shall not be used in making any tax computations for any	4099
ensuing tax year.	4100

(I) In making the determinations under division (D)(1) of	4101
this section, the tax commissioner shall take account of changes	4102
in the taxable value of carryover property resulting from	4103
complaints filed under section 5715.19 of the Revised Code for	4104
determinations made for the tax year in which such changes are	4105
reported to the commissioner. Such changes shall be reported to	4106
the commissioner on the first abstract of real property filed with	4107
the commissioner under section 5715.23 of the Revised Code	4108
following the date on which the complaint is finally determined by	4109
the board of revision or by a court or other authority with	4110
jurisdiction on appeal. The tax commissioner shall account for	4111
such changes in making the determinations only for the tax year in	4112
which the change in valuation is reported. Such a valuation change	4113
shall not be used to recompute the percentages determined under	4114
division (D)(1) of this section for any prior tax year.	4115

Sec. 321.261. (A) Five per cent of all delinquent real	4116
property, personal property, and manufactured and mobile home	4117
taxes and assessments collected by the county treasurer shall be	4118
deposited in the delinquent tax and assessment collection fund,	4119
which shall be created in the county treasury. ~~The~~Except as	4120
provided in division (B) of this section, the moneys in the fund,	4121
one-half of which shall be appropriated by the board of county	4122
commissioners to the treasurer and one-half of which shall be	4123
appropriated to the county prosecuting attorney, shall be used	4124
solely in connection with the collection of delinquent real	4125
property, personal property, and manufactured and mobile home	4126
taxes and assessments.	4127

Annually by the first day of December, the treasurer and the	4128
prosecuting attorney each shall submit a report to the board	4129
regarding the use of the moneys appropriated to their respective	4130
offices from the delinquent tax and assessment collection fund.	4131
Each report shall specify the amount appropriated to the office	4132
during the current calendar year, an estimate of the amount so	4133
appropriated that will be expended by the end of the year, a	4134
summary of how the amount appropriated has been expended in	4135
connection with delinquent tax collection activities, and an	4136
estimate of the amount that will be credited to the fund during	4137
the ensuing calendar year.	4138

(B) A board of county commissioners of a county with a	4139
population exceeding four hundred thousand may, by resolution,	4140
authorize the use of up to three million dollars each year in the	4141
county's delinquent tax and assessment collection fund to prevent	4142
residential mortgage foreclosures in the county and to assist	4143
municipal corporations located in the county in the nuisance	4144
abatement of deteriorated residential buildings in foreclosure.	4145
The funds shall be used to provide financial assistance in the	4146
form of loans to borrowers in default on their home mortgages,	4147
including for the payment of late fees, to clear arrearage	4148
balances, and to augment moneys used in the county's foreclosure	4149
prevention program. Upon application by a municipal corporation	4150
located in the county, the funds also shall be used to pay the	4151
cost of securing deteriorated residential buildings in	4152
foreclosure, including paying the costs of securing such	4153
buildings, lot maintenance, and demolition.	4154

Sec. 340.02. As used in this section, "mental health	4155
professional" means a person who is qualified to work with	4156
mentally ill persons, pursuant to standards established by the	4157
director of mental health under section 5119.611 of the Revised	4158
Code.	4159

For each alcohol, drug addiction, and mental health service	4160
district, there shall be appointed a board of alcohol, drug	4161
addiction, and mental health services of eighteen members. ~~Members~~	4162
~~shall be residents of the district and~~Nine members shall be	4163
interested in mental health programs and facilities orand nine	4164
other members shall be interested in alcohol or drug addiction	4165
programs. All members shall be residents of the service district.	4166
The membership shall, as nearly as possible, reflect the	4167
composition of the population of the service district as to race	4168
and sex.	4169

The director of mental health shall appoint four members of	4170
the board, the director of alcohol and drug addiction services	4171
shall appoint four members, and the board of county commissioners	4172
shall appoint ten members. In a joint-county district, the county	4173
commissioners of each participating county shall appoint members	4174
in as nearly as possible the same proportion as that county's	4175
population bears to the total population of the district, except	4176
that at least one member shall be appointed from each	4177
participating county.	4178

The director of mental health shall ensure that at least one	4179
member of the board is a psychiatrist and one member of the board	4180
is a mental health professional. If the appointment of a	4181
psychiatrist is not possible, as determined under rules adopted by	4182
the director, a licensed physician may be appointed in place of	4183
the psychiatrist. If the appointment of a licensed physician is	4184
not possible, the director of mental health may waive the	4185
requirement that the psychiatrist or licensed physician be a	4186
resident of the service district and appoint a psychiatrist or	4187
licensed physician from a contiguous county. ~~The membership of the~~	4188
~~board shall, as nearly as possible, reflect the composition of the~~	4189
~~population of the service district as to race and sex.~~ The	4190
director of mental health shall ensure that at least one member of	4191
the board is a person who has received or is receiving mental	4192
health services paid for by public funds and at least one member	4193
is a parent or other relative of such a person.	4194

The director of alcohol and drug addiction services shall	4195
ensure that at least one member of the board is a professional in	4196
the field of alcohol or drug addiction services and one member of	4197
the board is an advocate for persons receiving treatment for	4198
alcohol or drug addiction. Of the members appointed by the	4199
director of alcohol and drug addiction services, at least one	4200
shall be a person who has received or is receiving services for	4201
alcohol or drug addiction, and at least one shall be a parent or	4202
other relative of such a person.	4203

No member or employee of a board of alcohol, drug addiction,	4204
and mental health services shall serve as a member of the board of	4205
any agency with which the board of alcohol, drug addiction, and	4206
mental health services has entered into a contract for the	4207
provision of services or facilities. No member of a board of	4208
alcohol, drug addiction, and mental health services shall be an	4209
employee of any agency with which the board has entered into a	4210
contract for the provision of services or facilities. No person	4211
shall be an employee of a board and such an agency unless the	4212
board and agency both agree in writing.	4213

No person shall serve as a member of the board of alcohol,	4214
drug addiction, and mental health services whose spouse, child,	4215
parent, brother, sister, grandchild, stepparent, stepchild,	4216
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4217
daughter-in-law, brother-in-law, or sister-in-law serves as a	4218
member of the board of any agency with which the board of alcohol,	4219
drug addiction, and mental health services has entered into a	4220
contract for the provision of services or facilities. No person	4221
shall serve as a member or employee of the board whose spouse,	4222
child, parent, brother, sister, stepparent, stepchild,	4223
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4224
daughter-in-law, brother-in-law, or sister-in-law serves as a	4225
county commissioner of a county or counties in the alcohol, drug	4226
addiction, and mental health service district.	4227

Each year each board member shall attend at least one	4228
inservice training session provided or approved by the department	4229
of mental health or the department of alcohol and drug addiction	4230
services. Such training sessions shall not be considered to be	4231
regularly scheduled meetings of the board.	4232

Each member shall be appointed for a term of four years,	4233
commencing the first day of July, except that one-third of initial	4234
appointments to a newly established board, and to the extent	4235
possible to expanded boards, shall be for terms of two years,	4236
one-third of initial appointments shall be for terms of three	4237
years, and one-third of initial appointments shall be for terms of	4238
four years. No member shall serve more than two consecutive	4239
four-year terms. A member may serve for three consecutive terms	4240
only if one of the terms is for less than two years. A member who	4241
has served two consecutive four-year terms or three consecutive	4242
terms totaling less than ten years is eligible for reappointment	4243
one year following the end of the second or third term,	4244
respectively.	4245

When a vacancy occurs, appointment for the expired or	4246
unexpired term shall be made in the same manner as an original	4247
appointment. The appointing authority shall be notified by	4248
certified mail of any vacancy and shall fill the vacancy within	4249
sixty days following that notice.	4250

Any member of the board may be removed from office by the	4251
appointing authority for neglect of duty, misconduct, or	4252
malfeasance in office, and shall be removed by the appointing	4253
authority if the member's spouse, child, parent, brother, sister,	4254
stepparent, stepchild, stepbrother, stepsister, father-in-law,	4255
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	4256
sister-in-law serves as a county commissioner of a county or	4257
counties in the service district or serves as a member or employee	4258
of the board of an agency with which the board of alcohol, drug	4259
addiction, and mental health services has entered a contract for	4260
the provision of services or facilities. The member shall be	4261
informed in writing of the charges and afforded an opportunity for	4262
a hearing. Upon the absence of a member within one year from	4263
either four board meetings or from two board meetings without	4264
prior notice, the board shall notify the appointing authority,	4265
which may vacate the appointment and appoint another person to	4266
complete the member's term.	4267

Members of the board shall serve without compensation, but	4268
shall be reimbursed for actual and necessary expenses incurred in	4269
the performance of their official duties, as defined by rules of	4270
the departments of mental health and alcohol and drug addiction	4271
services.	4272

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	4273
health service district comprised of a county with a population of	4274
two hundred fifty thousand or more on October 10, 1989, the board	4275
of county commissioners shall, within thirty days of October 10,	4276
1989, establish an alcohol and drug addiction services board as	4277
the entity responsible for providing alcohol and drug addiction	4278
services in the county, unless, prior to that date, the board	4279
adopts a resolution providing that the entity responsible for	4280
providing the services is a board of alcohol, drug addiction, and	4281
mental health services. If the board of county commissioners	4282
establishes an alcohol and drug addiction services board, the	4283
community mental health board established under former section	4284
340.02 of the Revised Code shall serve as the entity responsible	4285
for providing mental health services in the county. A community	4286
mental health board has all the powers, duties, and obligations of	4287
a board of alcohol, drug addiction, and mental health services	4288
with regard to mental health services. An alcohol and drug	4289
addiction services board has all the powers, duties, and	4290
obligations of a board of alcohol, drug addiction, and mental	4291
health services with regard to alcohol and drug addiction	4292
services. Any provision of the Revised Code that refers to a board	4293
of alcohol, drug addiction, and mental health services with regard	4294
to mental health services also refers to a community mental health	4295
board and any provision that refers to a board of alcohol, drug	4296
addiction, and mental health services with regard to alcohol and	4297
drug addiction services also refers to an alcohol and drug	4298
addiction services board.	4299

An alcohol and drug addiction services board shall consist of	4300
eighteen members, six of whom shall be appointed by the director	4301
of alcohol and drug addiction services and twelve of whom shall be	4302
appointed by the board of county commissioners. Of the members	4303
appointed by the director, one shall be a person who has received	4304
or is receiving services for alcohol or drug addiction, one shall	4305
be a parent or relative of such a person, one shall be a	4306
professional in the field of alcohol or drug addiction services,	4307
and one shall be an advocate for persons receiving treatment for	4308
alcohol or drug addiction. The membership of the board shall, as	4309
nearly as possible, reflect the composition of the population of	4310
the service district as to race and sex. Members shall be	4311
residents of the service district and shall be interested in	4312
alcohol and drug addiction services. Requirements for membership,	4313
including prohibitions against certain family and business	4314
relationships, and terms of office shall be the same as those for	4315
members of boards of alcohol, drug addiction, and mental health	4316
services.	4317

A community mental health board shall consist of eighteen	4318
members, six of whom shall be appointed by the director of mental	4319
health and twelve of whom shall be appointed by the board of	4320
county commissioners. Of the members appointed by the director,	4321
one shall be a person who has received or is receiving mental	4322
health services, one shall be a parent or relative of such a	4323
person, one shall be a psychiatrist or a physician, and one shall	4324
be a mental health professional. The membership of the board as	4325
nearly as possible shall reflect the composition of the population	4326
of the service district as to race and sex. Members shall be	4327
residents of the service district and shall be interested in	4328
mental health services. Requirements for membership, including	4329
prohibitions against certain family and business relationships,	4330
and terms of office shall be the same as those for members of	4331
boards of alcohol, drug addiction, and mental health services.	4332

(B) If a board of county commissioners subject to division	4333
(A) of this section did not adopt a resolution providing for a	4334
board of alcohol, drug addiction, and mental health services, the	4335
board of county commissioners may establish such a board in	4336
accordance with the following procedures:	4337

(1) Not later than January 1, 2007, the board of county	4338
commissioners shall adopt a resolution expressing its intent to	4339
establish a board of alcohol, drug addiction, and mental health	4340
services.	4341

(2) After adopting a resolution under division (B)(1) of this	4342
section, the board of county commissioners shall instruct the	4343
county's community mental health board and alcohol and drug	4344
addiction services board to prepare a report on the feasibility,	4345
process, and proposed plan to establish a board of alcohol, drug	4346
addiction, and mental health services. The board of county	4347
commissioners shall specify the date by which the report must be	4348
submitted to the board for its review.	4349

(3) After reviewing the report prepared under division (B)(2)	4350
of this section, the board may adopt a final resolution	4351
establishing a board of alcohol, drug addiction, and mental health	4352
services. A final resolution establishing such a board shall be	4353
adopted not later than July 1, 2007.	4354

(C)(1) If a board of county commissioners subject to division	4355
(A) of this section did not adopt a resolution providing for a	4356
board of alcohol, drug addiction, and mental health services and	4357
did not establish such a board under division (B) of this section,	4358
the board of county commissioners may establish a board of	4359
alcohol, drug addiction, and mental health services on or after	4360
the effective date of this amendment. To establish the board, the	4361
board of county commissioners shall adopt a resolution providing	4362
for the board's establishment. The composition of the board, the	4363
procedures for appointing members, and all other matters related	4364
to the board and its members are subject to section 340.02 of	4365
the Revised Code, with the following exceptions:	4366

(a) For initial appointments to the board, the county's	4367
community mental health board and alcohol and drug addiction	4368
services board shall jointly recommend members of those boards for	4369
reappointment and shall submit the recommendations to the board of	4370
county commissioners, director of mental health, and director of	4371
alcohol and drug addiction services.	4372

(b) To the greatest extent possible, the appointing	4373
authorities shall appoint the initial members from among the	4374
members jointly recommended under division (C)(1)(a) of this	4375
section.	4376

(2) If a board of alcohol, drug addiction, and mental health	4377
services is established pursuant to division (C)(1) of this	4378
section, the board has the same rights, privileges, immunities,	4379
powers, and duties that were possessed by the county's community	4380
mental health board and alcohol and drug addiction services	4381
board. When the board is established, all property and	4382
obligations of the community mental health board and alcohol and	4383
drug addiction services board shall be transferred to the board	4384
of alcohol, drug addiction, and mental health services.	4385

Sec. 351.26. (A) The board of directors of a convention	4386
facilities authority may adopt a resolution requesting the board	4387
of county commissioners of the county in which the convention	4388
facilities authority has its territory to propose the question of	4389
a tax to be levied pursuant to this section and section 4301.424	4390
or sections 5743.026 and 5743.324 of the Revised Code for the	4391
purpose of construction or renovation of a sports facility. The	4392
board of directors shall certify a copy of the resolution to the	4393
board of county commissioners not later than ninety days prior to	4394
the day of the election at which the board of directors requests	4395
the board of county commissioners to submit the question of the	4396
tax. The resolution shall state the rate at which the tax would be	4397
levied, the purpose for which the tax would be levied, the number	4398
of years the tax would be levied, the section of the Revised Code	4399
under which the tax would be levied, and the date of the election	4400
at which the board of directors requests the board of county	4401
commissioners to submit the question of the tax, all of which are	4402
subject to the limitations of this section and section 4301.424 or	4403
sections 5743.026 and 5743.324 of the Revised Code.	4404

Upon receiving a copy of such a resolution from the board of	4405
directors, the board of county commissioners shall adopt a	4406
resolution either approving or rejecting the proposal, and certify	4407
a copy of its resolution to the board of directors. If the board	4408
of county commissioners approves the proposal, the board of county	4409
commissioners shall propose the question of levying a tax pursuant	4410
to section 4301.424 of the Revised Code or pursuant to sections	4411
5743.026 and 5743.324 of the Revised Code, as specified in the	4412
board of directors' resolution, for the purpose of construction or	4413
renovation of a sports facility.	4414

(B) The form of the ballot in an election held on the	4415
question of levying a tax proposed pursuant to section 4301.424 or	4416
5743.026 of the Revised Code shall be as follows or in any other	4417
form acceptable to the secretary of state:	4418

"For the purpose of paying the costs of ..........	4419
(constructing or renovating) a sports facility, shall (an) excise	4420
tax(es) be levied by the .......... county for the convention	4421
facilities authority of .......... county at the rate of ......	4422
(dollars on each gallon of spirituous liquor sold in the county by	4423
the Ohio division of liquor control, cents per gallon on the sale	4424
of beer at wholesale in the county, cents per gallon on the sale	4425
of wine and mixed beverages at wholesale in the county, or mills	4426
per cigarette on the sale of cigarettes at wholesale in the	4427
county), for ...... years?	4428

4429

		Yes			4430
		No	"		4431

4432

For an election in which questions under section 4301.424 or	4433
5743.026 of the Revised Code are joined as a single question, the	4434
form of the ballot shall be as above, except each of the proposed	4435
taxes shall be listed.	4436

(C) No tax shall be levied under this section on or after the	4437
effective date of the amendment of this section by the capital	4438
appropriations act of the 127th general assembly. This division	4439
does not prevent the collection of any tax levied under this	4440
section before that date so long as that tax remains effective.	4441

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	4442
be initiated by motion of the township zoning commission, by the	4443
passage of a resolution by the board of township trustees, or by	4444
the filing of an application by one or more of the owners or	4445
lessees of property within the area proposed to be changed or	4446
affected by the proposed amendment with the township zoning	4447
commission. The board of township trustees may require that the	4448
owner or lessee of property filing an application to amend the	4449
zoning resolution pay a fee to defray the cost of advertising,	4450
mailing, filing with the county recorder, and other expenses. If	4451
the board of township trustees requires such a fee, it shall be	4452
required generally, for each application. The board of township	4453
trustees, upon the passage of such a resolution, shall certify it	4454
to the township zoning commission.	4455

(2) Upon the adoption of a motion by the township zoning	4456
commission, the certification of a resolution by the board of	4457
township trustees to the commission, or the filing of an	4458
application by property owners or lessees as described in division	4459
(A)(1) of this section with the commission, the commission shall	4460
set a date for a public hearing, which date shall not be less than	4461
twenty nor more than forty days from the date of the certification	4462
of such a resolution, the date of adoption of such a motion, or	4463
the date of the filing of such an application. Notice of the	4464
hearing shall be given by the commission by one publication in one	4465
or more newspapers of general circulation in the township at least	4466
ten days before the date of the hearing.	4467

(B) If the proposed amendment intends to rezone or redistrict	4468
ten or fewer parcels of land, as listed on the county auditor's	4469
current tax list, written notice of the hearing shall be mailed by	4470
the township zoning commission, by first class mail, at least ten	4471
days before the date of the public hearing to all owners of	4472
property within and contiguous to and directly across the street	4473
from the area proposed to be rezoned or redistricted to the	4474
addresses of those owners appearing on the county auditor's	4475
current tax list. The failure of delivery of that notice shall not	4476
invalidate any such amendment.	4477

(C) If the proposed amendment intends to rezone or redistrict	4478
ten or fewer parcels of land as listed on the county auditor's	4479
current tax list, the published and mailed notices shall set forth	4480
the time, date, and place of the public hearing and include all of	4481
the following:	4482

(1) The name of the township zoning commission that will be	4483
conducting the hearing;	4484

(2) A statement indicating that the motion, resolution, or	4485
application is an amendment to the zoning resolution;	4486

(3) A list of the addresses of all properties to be rezoned	4487
or redistricted by the proposed amendment and of the names of	4488
owners of those properties, as they appear on the county auditor's	4489
current tax list;	4490

(4) The present zoning classification of property named in	4491
the proposed amendment and the proposed zoning classification of	4492
that property;	4493

(5) The time and place where the motion, resolution, or	4494
application proposing to amend the zoning resolution will be	4495
available for examination for a period of at least ten days prior	4496
to the hearing;	4497

(6) The name of the person responsible for giving notice of	4498
the hearing by publication, by mail, or by both publication and	4499
mail;	4500

(7) A statement that, after the conclusion of the hearing,	4501
the matter will be submitted to the board of township trustees for	4502
its action;	4503

(8) Any other information requested by the commission.

4504

(D) If the proposed amendment alters the text of the zoning	4505
resolution, or rezones or redistricts more than ten parcels of	4506
land as listed on the county auditor's current tax list, the	4507
published notice shall set forth the time, date, and place of the	4508
public hearing and include all of the following:	4509

(1) The name of the township zoning commission that will be	4510
conducting the hearing on the proposed amendment;	4511

(2) A statement indicating that the motion, application, or	4512
resolution is an amendment to the zoning resolution;	4513

(3) The time and place where the text and maps of the	4514
proposed amendment will be available for examination for a period	4515
of at least ten days prior to the hearing;	4516

(4) The name of the person responsible for giving notice of	4517
the hearing by publication;	4518

(5) A statement that, after the conclusion of the hearing,	4519
the matter will be submitted to the board of township trustees for	4520
its action;	4521

(6) Any other information requested by the commission.

4522

(E) Within five days after the adoption of the motion	4523
described in division (A) of this section, the certification of	4524
the resolution described in division (A) of this section, or the	4525
filing of the application described in division (A) of this	4526
section, the township zoning commission shall transmit a copy of	4527
it together with text and map pertaining to it to the county or	4528
regional planning commission, if there is such a commission.	4529

The county or regional planning commission shall recommend	4530
the approval or denial of the proposed amendment or the approval	4531
of some modification of it and shall submit its recommendation to	4532
the township zoning commission. The recommendation shall be	4533
considered at the public hearing held by the township zoning	4534
commission on the proposed amendment.	4535

The township zoning commission, within thirty days after the	4536
hearing, shall recommend the approval or denial of the proposed	4537
amendment, or the approval of some modification of it, and submit	4538
that recommendation together with the motion, application, or	4539
resolution involved, the text and map pertaining to the proposed	4540
amendment, and the recommendation of the county or regional	4541
planning commission on it to the board of township trustees.	4542

The board of township trustees, upon receipt of that	4543
recommendation, shall set a time for a public hearing on the	4544
proposed amendment, which date shall not be more than thirty days	4545
from the date of the receipt of that recommendation. Notice of the	4546
hearing shall be given by the board by one publication in one or	4547
more newspapers of general circulation in the township, at least	4548
ten days before the date of the hearing.	4549

(F) If the proposed amendment intends to rezone or redistrict	4550
ten or fewer parcels of land as listed on the county auditor's	4551
current tax list, the published notice shall set forth the time,	4552
date, and place of the public hearing and include all of the	4553
following:	4554

(1) The name of the board of township trustees that will be	4555
conducting the hearing;	4556

(2) A statement indicating that the motion, application, or	4557
resolution is an amendment to the zoning resolution;	4558

(3) A list of the addresses of all properties to be rezoned	4559
or redistricted by the proposed amendment and of the names of	4560
owners of those properties, as they appear on the county auditor's	4561
current tax list;	4562

(4) The present zoning classification of property named in	4563
the proposed amendment and the proposed zoning classification of	4564
that property;	4565

(5) The time and place where the motion, application, or	4566
resolution proposing to amend the zoning resolution will be	4567
available for examination for a period of at least ten days prior	4568
to the hearing;	4569

(6) The name of the person responsible for giving notice of	4570
the hearing by publication, by mail, or by both publication and	4571
mail;	4572

(7) Any other information requested by the board.

4573

(G) If the proposed amendment alters the text of the zoning	4574
resolution, or rezones or redistricts more than ten parcels of	4575
land as listed on the county auditor's current tax list, the	4576
published notice shall set forth the time, date, and place of the	4577
public hearing and include all of the following:	4578

(1) The name of the board of township trustees that will be	4579
conducting the hearing on the proposed amendment;	4580

(2) A statement indicating that the motion, application, or	4581
resolution is an amendment to the zoning resolution;	4582

(3) The time and place where the text and maps of the	4583
proposed amendment will be available for examination for a period	4584
of at least ten days prior to the hearing;	4585

(4) The name of the person responsible for giving notice of	4586
the hearing by publication;	4587

(5) Any other information requested by the board.

4588

(H) Within twenty days after its public hearing, the board of	4589
township trustees shall either adopt or deny the recommendations	4590
of the township zoning commission or adopt some modification of	4591
them. If the board denies or modifies the commission's	4592
recommendations, ~~the unanimous~~a majority vote of the board shall	4593
be required.	4594

The proposed amendment, if adopted by the board, shall become	4595
effective in thirty days after the date of its adoption, unless,	4596
within thirty days after the adoption, there is presented to the	4597
board of township trustees a petition, signed by a number of	4598
registered electors residing in the unincorporated area of the	4599
township or part of that unincorporated area included in the	4600
zoning plan equal to not less than eight per cent of the total	4601
vote cast for all candidates for governor in that area at the most	4602
recent general election at which a governor was elected,	4603
requesting the board of township trustees to submit the amendment	4604
to the electors of that area for approval or rejection at a	4605
special election to be held on the day of the next primary or	4606
general election that occurs at least seventy-five days after the	4607
petition is filed. Each part of this petition shall contain the	4608
number and the full and correct title, if any, of the zoning	4609
amendment resolution, motion, or application, furnishing the name	4610
by which the amendment is known and a brief summary of its	4611
contents. In addition to meeting the requirements of this section,	4612
each petition shall be governed by the rules specified in section	4613
3501.38 of the Revised Code.	4614

The form of a petition calling for a zoning referendum and	4615
the statement of the circulator shall be substantially as follows:	4616

"PETITION FOR ZONING REFERENDUM	4617

(if the proposal is identified by a particular name or number, or	4618
both, these should be inserted here) .......................	4619

A proposal to amend the zoning map of the unincorporated area	4620
of ............. Township, ................. County, Ohio, adopted	4621
.....(date)..... (followed by brief summary of the proposal).	4622

To the Board of Township Trustees of .....................	4623
Township, ................. County, Ohio:	4624

~~...................... County, Ohio:~~	4625

We, the undersigned, being electors residing in the	4626
unincorporated area of ....................... Township, included	4627
within the ............. Township Zoning Plan, equal to not less	4628
than eight per cent of the total vote cast for all candidates for	4629
governor in the area at the preceding general election at which a	4630
governor was elected, request the Board of Township Trustees to	4631
submit this amendment of the zoning resolution to the electors of	4632
........................ Township residing within the	4633
unincorporated area of the township included in the	4634
.................. Township Zoning Resolution, for approval or	4635
rejection at a special election to be held on the day of the	4636
primary or general election to be held on .....(date).....,	4637
pursuant to section 519.12 of the Revised Code.	4638

	Street Address				Date of		4639
Signature	or R.F.D.	Township	Precinct	County	Signing		4640

..............................................................	4641

..............................................................	4642

STATEMENT OF CIRCULATOR	4643

I, .............(name of circulator).........., declare under	4644
penalty of election falsification that I am an elector of the	4645
state of Ohio and reside at the address appearing below my	4646
signature; that I am the circulator of the foregoing part petition	4647
containing .......(number)....... signatures; that I have	4648
witnessed the affixing of every signature; that all signers were	4649
to the best of my knowledge and belief qualified to sign; and that	4650
every signature is to the best of my knowledge and belief the	4651
signature of the person whose signature it purports to be or of an	4652
attorney in fact acting pursuant to section 3501.382 of the	4653
Revised Code.	4654

	................................		4655
	(Signature of circulator)		4656
	................................		4657
	(Address of circulator's permanent		4658
	residence in this state)		4659
	................................		4660
	(City, village, or township,		4661
	and zip code)		4662

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4663
OF THE FIFTH DEGREE."	4664

The petition shall be filed with the board of township	4665
trustees and shall be accompanied by an appropriate map of the	4666
area affected by the zoning proposal. Within two weeks after	4667
receiving a petition filed under this section, the board of	4668
township trustees shall certify the petition to the board of	4669
elections. A petition filed under this section shall be certified	4670
to the board of elections not less than seventy-five days prior to	4671
the election at which the question is to be voted upon.	4672

The board of elections shall determine the sufficiency and	4673
validity of each petition certified to it by a board of township	4674
trustees under this section. If the board of elections determines	4675
that a petition is sufficient and valid, the question shall be	4676
voted upon at a special election to be held on the day of the next	4677
primary or general election that occurs at least seventy-five days	4678
after the date the petition is filed with the board of township	4679
trustees, regardless of whether any election will be held to	4680
nominate or elect candidates on that day.	4681

No amendment for which such a referendum vote has been	4682
requested shall be put into effect unless a majority of the vote	4683
cast on the issue is in favor of the amendment. Upon certification	4684
by the board of elections that the amendment has been approved by	4685
the voters, it shall take immediate effect.	4686

Within five working days after an amendment's effective date,	4687
the board of township trustees shall file the text and maps of the	4688
amendment in the office of the county recorder and with the county	4689
or regional planning commission, if one exists.	4690

The failure to file any amendment, or any text and maps, or	4691
duplicates of any of these documents, with the office of the	4692
county recorder or the county or regional planning commission as	4693
required by this section does not invalidate the amendment and is	4694
not grounds for an appeal of any decision of the board of zoning	4695
appeals.	4696

Sec. 519.211. (A) Except as otherwise provided in division	4697
(B) or (C) of this section, sections 519.02 to 519.25 of the	4698
Revised Code confer no power on any board of township trustees or	4699
board of zoning appeals in respect to the location, erection,	4700
construction, reconstruction, change, alteration, maintenance,	4701
removal, use, or enlargement of any buildings or structures of any	4702
public utility or railroad, whether publicly or privately owned,	4703
or the use of land by any public utility or railroad, for the	4704
operation of its business. As used in this division, "public	4705
utility" does not include a person that owns or operates a solid	4706
waste facility or a solid waste transfer facility, other than a	4707
publicly owned solid waste facility or a publicly owned solid	4708
waste transfer facility, that has been issued a permit under	4709
Chapter 3734. of the Revised Code or a construction and	4710
demolition debris facility that has been issued a permit under	4711
Chapter 3714. of the Revised Code.	4712

(B)(1) As used in this division, "telecommunications tower"	4713
means any free-standing structure, or any structure to be attached	4714
to a building or other structure, that meets all of the following	4715
criteria:	4716

(a) The free-standing or attached structure is proposed to be	4717
constructed on or after October 31, 1996.	4718

(b) The free-standing or attached structure is proposed to be	4719
owned or principally used by a public utility engaged in the	4720
provision of telecommunications services.	4721

(c) The free-standing or attached structure is proposed to be	4722
located in an unincorporated area of a township, in an area zoned	4723
for residential use.	4724

(d)(i) The free-standing structure is proposed to top at a	4725
height that is greater than either the maximum allowable height of	4726
residential structures within the zoned area as set forth in the	4727
applicable zoning regulations, or the maximum allowable height of	4728
such a free-standing structure as set forth in any applicable	4729
zoning regulations in effect immediately prior to October 31,	4730
1996, or as those regulations subsequently are amended.	4731

(ii) The attached structure is proposed to top at a height	4732
that is greater than either the height of the building or other	4733
structure to which it is to be attached, or the maximum allowable	4734
height of such an attached structure as set forth in any	4735
applicable zoning regulations in effect immediately prior to	4736
October 31, 1996, or as those regulations subsequently are	4737
amended.	4738

(e) The free-standing or attached structure is proposed to	4739
have attached to it radio frequency transmission or reception	4740
equipment.	4741

(2) Sections 519.02 to 519.25 of the Revised Code confer	4742
power on a board of township trustees or board of zoning appeals	4743
with respect to the location, erection, construction,	4744
reconstruction, change, alteration, removal, or enlargement of a	4745
telecommunications tower, but not with respect to the maintenance	4746
or use of such a tower or any change or alteration that would not	4747
substantially increase the tower's height. However, the power so	4748
conferred shall apply to a particular telecommunications tower	4749
only upon the provision of a notice, in accordance with division	4750
(B)(4)(a) of this section, to the person proposing to construct	4751
the tower.	4752

(3) Any person who plans to construct a telecommunications	4753
tower in an area subject to township zoning regulations shall	4754
provide both of the following by certified mail:	4755

(a) Written notice to each owner of property, as shown on the	4756
county auditor's current tax list, whose land is contiguous to or	4757
directly across a street or roadway from the property on which the	4758
tower is proposed to be constructed, stating all of the following	4759
in clear and concise language:	4760

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

4761

(ii) A description of the property sufficient to identify the	4762
proposed location;	4763

(iii) That, no later than fifteen days after the date of	4764
mailing of the notice, any such property owner may give written	4765
notice to the board of township trustees requesting that sections	4766
519.02 to 519.25 of the Revised Code apply to the proposed	4767
location of the tower as provided under division (B)(4)(a) of this	4768
section.	4769

If the notice to a property owner is returned unclaimed or	4770
refused, the person shall mail the notice by regular mail. The	4771
failure of delivery of the notice does not invalidate the notice.	4772

(b) Written notice to the board of township trustees of the	4773
information specified in divisions (B)(3)(a)(i) and (ii) of this	4774
section. The notice to the board also shall include verification	4775
that the person has complied with division (B)(3)(a) of this	4776
section.	4777

(4)(a) If the board of township trustees receives notice from	4778
a property owner under division (B)(3)(a)(iii) of this section	4779
within the time specified in that division or if a board member	4780
makes an objection to the proposed location of the	4781
telecommunications tower within fifteen days after the date of	4782
mailing of the notice sent under division (B)(3)(b) of this	4783
section, the board shall request that the fiscal officer of the	4784
township send the person proposing to construct the tower written	4785
notice that the tower is subject to the power conferred by and in	4786
accordance with division (B)(2) of this section. The notice shall	4787
be sent no later than five days after the earlier of the date the	4788
board first receives such a notice from a property owner or the	4789
date upon which a board member makes an objection. Upon the date	4790
of mailing of the notice to the person, sections 519.02 to 519.25	4791
of the Revised Code shall apply to the tower.	4792

(b) If the board of township trustees receives no notice	4793
under division (B)(3)(a)(iii) of this section within the time	4794
prescribed by that division or no board member has an objection as	4795
provided under division (B)(4)(a) of this section within the time	4796
prescribed by that division, division (A) of this section shall	4797
apply to the tower without exception.	4798

(C) Sections 519.02 to 519.25 of the Revised Code confer	4799
power on a board of township trustees or board of zoning appeals	4800
with respect to the location, erection, construction,	4801
reconstruction, change, alteration, maintenance, removal, use, or	4802
enlargement of any buildings or structures of a public utility	4803
engaged in the business of transporting persons or property, or	4804
both, or providing or furnishing such transportation service, over	4805
any public street, road, or highway in this state, and with	4806
respect to the use of land by any such public utility for the	4807
operation of its business, to the extent that any exercise of such	4808
power is reasonable and not inconsistent with Chapters 4901.,	4809
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	4810
However, this division confers no power on a board of township	4811
trustees or board of zoning appeals with respect to a building or	4812
structure of, or the use of land by, a person engaged in the	4813
transportation of farm supplies to the farm or farm products from	4814
farm to market or to food fabricating plants.	4815

(D) Sections 519.02 to 519.25 of the Revised Code confer no	4816
power on any township zoning commission, board of township	4817
trustees, or board of zoning appeals to prohibit the sale or use	4818
of alcoholic beverages in areas where the establishment and	4819
operation of any retail business, hotel, lunchroom, or restaurant	4820
is permitted.	4821

(E)(1) Any person who plans to construct a telecommunications	4822
tower within one hundred feet of a residential dwelling shall	4823
provide a written notice to the owner of the residential dwelling	4824
and to the person occupying the residence, if that person is not	4825
the owner of the residence stating in clear and concise language	4826
the person's intent to construct the tower and a description of	4827
the property sufficient to identify the proposed location. The	4828
notice shall be sent by certified mail. If the notice is returned	4829
unclaimed or refused, the person shall mail the notice by regular	4830
mail. The failure of delivery does not invalidate the notice.	4831

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

4832

(a) "Residential dwelling" means a building used or intended	4833
to be used as a personal residence by the owner, part-time owner,	4834
or lessee of the building, or any person authorized by such a	4835
person to use the building as a personal residence.	4836

(b) "Telecommunications tower" has the same meaning as in	4837
division (B)(1) of this section, except that the proposed location	4838
of the free-standing or attached structure may be an area other	4839
than an unincorporated area of a township, in an area zoned for	4840
residential use.	4841

Sec. 519.213. (A) As used in this section, "small wind farm"	4842
means wind turbines and associated facilities with a single	4843
interconnection to the electrical grid and designed for, or	4844
capable of, operation at an aggregate capacity of less than five	4845
megawatts.	4846

(B) Notwithstanding division (A) of section 519.211 of the	4847
Revised Code, sections 519.02 to 519.25 of the Revised Code confer	4848
power on a board of township trustees or board of zoning appeals	4849
with respect to the location, erection, construction,	4850
reconstruction, change, alteration, maintenance, removal, use, or	4851
enlargement of any small wind farm, whether publicly or privately	4852
owned, or the use of land for that purpose, which regulations may	4853
be more strict than the regulations prescribed in rules adopted	4854
under division (B)(2) of section 4906.20 of the Revised Code.	4855

(C) The designation under this section of a small wind farm	4856
as a public utility for purposes of sections 519.02 to 519.25 of	4857
the Revised Code shall not affect the classification of a small	4858
wind farm or any other public utility for purposes of state or	4859
local taxation.	4860

(D) Nothing in division (C) of this section shall be	4861
construed as affecting the classification of a telecommunications	4862
tower as defined in division (B) or (E) of section 519.211 of the	4863
Revised Code or any other public utility for purposes of state and	4864
local taxation.	4865

Sec. 713.081. (A) As used in this section, "small wind farm"	4866
means wind turbines and associated facilities with a single	4867
interconnection to the electrical grid and designed for, or	4868
capable of, operation at an aggregate capacity of less than five	4869
megawatts.	4870

(B) Sections 713.06 to 713.15 of the Revised Code confer	4871
power on the legislative authority of a municipal corporation with	4872
respect to the location, erection, construction, reconstruction,	4873
change, alteration, maintenance, removal, use, or enlargement of	4874
any small wind farm as a public utility, whether publicly or	4875
privately owned, or the use of land for that purpose, which	4876
regulations may be more strict than the regulations prescribed in	4877
rules adopted under division (B)(2) of section 4906.20 of the	4878
Revised Code.	4879

(C) The designation under this section of a small wind farm	4880
as a public utility for purposes of sections 713.06 to 713.15 of	4881
the Revised Code shall not affect the classification of a small	4882
wind farm or any other public utility for purposes of state or	4883
local taxation.	4884

Sec. 715.73. The area or areas to be included in a joint	4885
economic development district shall meet all of the following	4886
criteria:	4887

(A) The area or areas shall be located within the territory	4888
of one or more of the contracting parties and may consist of all	4889
of that territory.	4890

(B) No electors shall reside within the area or areas ~~and no~~	4891
~~part of the area or areas shall be zoned for residential use~~on	4892
the effective date of the contract creating the joint economic	4893
development district, as determined under section 715.77 of the	4894
Revised Code.	4895

(C) The area or areas shall not include any parcel of land	4896
owned in fee by or leased to a municipal corporation or township,	4897
unless the municipal corporation or township is a contracting	4898
party or has given its consent to have the parcel of land included	4899
in the district by the adoption of an ordinance or resolution.	4900

Sec. 715.74. (A) The contract creating a joint economic	4901
development district shall provide for the amount or nature of the	4902
contribution of each contracting party to the development and	4903
operation of the district and may provide for the sharing of the	4904
costs of the operation of and improvements for the district. The	4905
contributions may be in any form to which the contracting parties	4906
agree and may include, but are not limited to, the provision of	4907
services, money, real or personal property, facilities, or	4908
equipment. The contract may provide for the contracting parties to	4909
share revenue from taxes levied on property by one or more of the	4910
contracting parties, if those revenues may lawfully be applied to	4911
that purpose under the legislation by which those taxes are	4912
levied. The contract shall specify and provide for new, expanded,	4913
or additional services, facilities, or improvements. The contract	4914
may provide for expanded or additional capacity for or other	4915
enhancement of existing services, facilities, or improvements.	4916

(B) The contract shall enumerate the specific powers, duties,	4917
and functions of the board of directors of the district described	4918
under section 715.78 of the Revised Code and shall provide for the	4919
determination of procedures that are to govern the board.	4920

(C)(1) The contract may grant to the board the power to adopt	4921
a resolution to levy an income tax within the district and the	4922
contract may ~~desginate~~designate certain portions of the district	4923
where such an income tax may be levied. The income tax shall be	4924
used for the purposes of the district or any portion of the	4925
district in which the contract authorizes an income tax and for	4926
the purposes of the contracting parties pursuant to the contract.	4927
The income tax may be levied in the district based on income	4928
earned by persons working within the district and based on the net	4929
profits of businesses located in the district, but the income of	4930
an individual who resides in the district shall not be subject to	4931
such income tax unless the income is received for personal	4932
services performed in the district. The income tax of the district	4933
shall follow the provisions of Chapter 718. of the Revised Code,	4934
except that no vote shall be required. The rate of the income tax	4935
shall be no higher than the highest rate being levied by a	4936
municipal corporation that is a contracting party.	4937

(2) If the board adopts a resolution to levy an income tax,	4938
it shall enter into an agreement with a municipal corporation that	4939
is a contracting party to administer, collect, and enforce the	4940
income tax on behalf of the district.	4941

(3) A resolution levying an income tax under this section	4942
shall require the contracting parties to annually set aside a	4943
percentage, to be stated in the resolution, of the amount of the	4944
income tax collected for the long-term maintenance of the	4945
district.	4946

(4) An income tax levied under this section shall apply in	4947
the district or any portion of the district in which the contract	4948
authorizes an income tax throughout the term of the contract	4949
creating the district, notwithstanding that all or a portion of	4950
the district becomes subject to annexation, merger, or	4951
consolidation.	4952

(D) The contract creating a joint economic development	4953
district shall continue in existence throughout its term and shall	4954
be binding on the contracting parties and on any parties	4955
succeeding to the contracting parties, whether by annexation,	4956
merger, or consolidation. Except as provided in division (E) of	4957
this section, the contract may be amended, renewed, or terminated	4958
with the approval of the contracting parties or any parties	4959
succeeding to the contracting parties. If the contract is amended	4960
to add area to an existing district, the amendment shall be	4961
adopted in the manner prescribed under section 715.761 of the	4962
Revised Code.	4963

(E) If two or more contracting parties previously have	4964
entered into a separate contract for utility services, then	4965
amendment, renewal, or termination of the separate contract for	4966
utility services shall not constitute any part of the	4967
consideration for the contract creating a joint economic	4968
development district. A contract creating a joint economic	4969
development district shall be rebuttably presumed to violate this	4970
division if it is entered into within two years prior or five	4971
years subsequent to the amendment, renewal, or termination of a	4972
separate contract for utility services that two or more	4973
contracting parties previously have entered into. The presumption	4974
stated in this division may be rebutted by clear and convincing	4975
evidence of both of the following:	4976

(1) That other substantial consideration existed to support	4977
the contract creating a joint economic development district;	4978

(2) That the contracting parties entered into the contract	4979
creating a joint economic development district freely and without	4980
duress or coercion related to the amendment, renewal, or	4981
termination of the separate contract for utility services.	4982

(F) A contract creating a joint economic development district	4983
that violates division (E) of this section is void and	4984
unenforceable.	4985

Sec. 901.42. (A) The director of agriculture may provide	4986
financial assistance to a statewide, multi-state, or national	4987
nonprofit livestock association to defray not more than fifty per	4988
cent of the rental costs of the Ohio expositions center for	4989
purposes of conducting a livestock species exhibition at the	4990
center. In order to obtain financial assistance under this	4991
division, a nonprofit livestock association shall apply to the	4992
director on a form prescribed by the director and in the manner	4993
prescribed in rules adopted under division ~~(D)~~(C) of this section.	4994

Rental cost assistance authorized by this division shall be	4995
provided subject to both of the following conditions:	4996

(1) No nonprofit livestock association shall receive in any	4997
fiscal year rental cost assistance exceeding ~~thirty-four~~fifty per	4998
cent of the funds available to the director in that fiscal year	4999
for the purposes of this section and designated for the purpose of	5000
defraying rental costs for livestock species exhibitions.	5001

(2) The rental cost assistance shall be paid by the director	5002
to the Ohio expositions commission on behalf of the nonprofit	5003
livestock association by means of intrastate transfer voucher.	5004

If the director receives more than one application for	5005
financial assistance for rental costs, the director shall consider	5006
the cost of and local economic benefit generated by each	5007
applicant's exhibition when allocating financial assistance.	5008

(B) ~~The director may allocate not more than fifty thousand~~	5009
~~dollars of the moneys available for the purposes of this section~~	5010
~~in a fiscal year to provide financial assistance to a nonprofit~~	5011
~~livestock association to defray the costs of premium awards for a~~	5012
~~national multispecies exhibition held at the Ohio expositions~~	5013
~~center. In order to obtain financial assistance under this~~	5014
~~division, a nonprofit livestock association shall apply to the~~	5015
~~director on a form prescribed by the director and in the manner~~	5016
~~prescribed in rules adopted under division (D) of this section.~~	5017

~~(C)~~ The director may expend not more than ~~four~~two per cent	5018
of the moneys available for the purposes of this section in a	5019
fiscal year to defray the costs to the department of agriculture	5020
for administering this section or to assist in recruiting	5021
livestock exhibitions to be held at the Ohio expositions center.	5022

~~(D)~~(C) The director, in accordance with Chapter 119. of the	5023
Revised Code, shall adopt rules to carry out this section,	5024
including, without limitation, rules establishing procedures for	5025
the allocation and distribution of moneys available for the	5026
purposes of this section.	5027

Sec. 1332.04. (A) No political subdivision of this state	5028
shall provide cable service over a cable system, whether bundled	5029
with other services or unbundled, except in accordance with	5030
sections 1332.01 to 1332.10 of the Revised Code.	5031

(B)(1) No political subdivision of this state that is a	5032
public cable service provider or contracts with a public cable	5033
service provider for cable service over a cable system shall, by	5034
any means, do any of the following:	5035

(a) Prefer or advantage any public cable service provider or	5036
discriminate against any private cable service provider in any	5037
material matter affecting the provision, within the jurisdiction	5038
of the political subdivision, of cable service over a cable	5039
system;	5040

(b) Fail to apply any private cable service regulation	5041
without discrimination to a public cable service provider within	5042
the jurisdiction of the political subdivision;	5043

(c) Fail to pay all applicable fees, including, but not	5044
limited to, franchise fees, permit fees, pole attachment fees, or	5045
the equivalent of any such fees;	5046

(d) Require from a person providing video service within the	5047
jurisdiction of the political subdivision any direct or in-kind	5048
charge or a payment of any kind in exchange for PEG channel	5049
programming or other content produced by the political subdivision	5050
or by an entity created by or partially supported by the political	5051
subdivision. As used in division (B)(1)(d) of this section, "PEG	5052
channel" and "video service" have the same meanings as in section	5053
1332.21 of the Revised Code.	5054

(2) Nothing in division (B)(1) of this section requires the	5055
application of a private cable service regulation to a public	5056
cable service provider if that application would be without legal	5057
or practical consequence, such as the application of a private	5058
cable service regulation requiring provision of an insurance bond,	5059
which application to a public cable service provider would require	5060
it to insure its performance to itself.	5061

(C) No political subdivision of this state that is a public	5062
cable service provider shall have extraterritorial public cable	5063
service recipients in excess of fifty per cent of the number of	5064
public cable service recipients that reside within the	5065
geographical limits of the political subdivision. Nothing in this	5066
division prohibits public cable service providers from jointly	5067
owning and operating head-end equipment. Each such public cable	5068
service provider shall pay that proportion of the full costs of	5069
owning and operating such head-end equipment, including, but not	5070
limited to, the costs of construction, acquisition, installation,	5071
improvement, enhancement, modification, financing, maintenance,	5072
repair, and operation, equal to the total population of the	5073
political subdivision that is such public cable service provider	5074
divided by the total population of all political subdivisions that	5075
are public cable service providers jointly owning and operating	5076
such head-end equipment, determined annually or with such	5077
frequency as such public cable service providers otherwise agree.	5078

(D) No political subdivision of this state that is a	5079
franchising authority shall unreasonably withhold a request by a	5080
cable service provider to transfer, modify, or renew, in	5081
accordance with the terms of the franchise and in accordance with	5082
the provisions of the "Telecommunications Act of 1996," Pub. L.	5083
No. 104-104, Title III, Section 301(i), 110 Stat. 117, 47 U.S.C.A.	5084
537, the "Cable Communications Policy Act of 1984," Pub. L. No.	5085
98-549, Section 2, 98 Stat. 2790, 47 U.S.C.A. 545, or the "Cable	5086
Television Consumer Protection and Competition Act of 1992," Pub.	5087
L. No. 102-385, Section 18, 106 Stat. 1493, 47 U.S.C.A. 546, its	5088
existing franchise to provide cable service over a cable system.	5089

Sec. 1346.03. Any information provided to the attorney	5090
general by the department of taxation in accordance with division	5091
~~(G)~~(C)(5) of section 5703.21 of the Revised Code shall not be	5092
disclosed publicly by the attorney general except when it is	5093
necessary to facilitate compliance with and enforcement of section	5094
1346.01 or 1346.02 of the Revised Code.	5095

Sec. 1561.011. ~~Nothing~~Except as provided in section 1561.24	5096
of the Revised Code, nothing in this chapter applies to activities	5097
that are permitted and regulated under Chapter 1514. of the	5098
Revised Code.	5099

Sec. 1561.16. (A) As used in this section and sections	5100
1561.17 to 1561.21 of the Revised Code, "actual practical	5101
experience" means previous employment that involved a person's	5102
regular presence in the type of mining operation in which the	5103
experience is required to exist; participation in functions	5104
relating to the hazards involved in and the utilization of	5105
equipment, tools, and work crews and individuals for that type of	5106
mining; and regular exposure to the methods, procedures, and	5107
safety laws applicable to that type of mining. Credit of up to one	5108
year for a portion of the required experience time may be given	5109
upon documentation to the chief of the division of mineral	5110
resources management of an educational degree in a field related	5111
to mining. Credit of up to two years of the required experience	5112
time may be given upon presentation to the chief of proof of	5113
graduation from an accredited school of mines or mining after a	5114
four-year course of study with employment in the mining industry	5115
during interim breaks during the school years.	5116

(B) A person who applies for a certificate as a mine	5117
foreperson of gaseous mines shall be able to read and write the	5118
English language; shall have had at least five years' actual	5119
practical experience in the underground workings of a gaseous mine	5120
or the equivalent thereof in the judgment of the chief; and shall	5121
have had practical experience obtained by actual contact with gas	5122
in mines and have knowledge of the dangers and nature of noxious	5123
and explosive gases and ventilation of gaseous mines. An applicant	5124
for a certificate as a foreperson of gaseous mines shall meet the	5125
same requirements, except that the applicant shall have had at	5126
least three years' actual practical experience in the underground	5127
workings of a gaseous mine or the equivalent thereof in the	5128
judgment of the chief. Each applicant for examination shall pay a	5129
fee ~~of ten dollars~~established in rules adopted under this section	5130
to the chief on the first day of such examination. ~~Any~~	5131

(C) A person who has been issued a certificate as a mine	5132
foreperson or a foreperson of a gaseous mine and who has not	5133
worked in an underground coal mine for a period of more than two	5134
calendar years shall apply for and obtain recertification from the	5135
chief in accordance with rules adopted under this section before	5136
performing the duties of a mine foreperson or a foreperson of a	5137
gaseous mine. An applicant for recertification shall pay a fee	5138
established in rules adopted under this section at the time of	5139
application for recertification.	5140

(D) A person who has been issued a certificate as a mine	5141
foreperson or a foreperson of a gaseous mine and who has not	5142
worked in an underground coal mine for a period of one or more	5143
calendar years shall successfully complete a retraining course in	5144
accordance with rules adopted under this section before performing	5145
the duties of a mine foreperson or a foreperson of a gaseous mine.	5146

(E) The chief, in consultation with a statewide association	5147
representing the coal mining industry and a statewide association	5148
representing employees of coal mines, shall adopt rules in	5149
accordance with Chapter 119. of the Revised Code that do all of	5150
the following:	5151

(1) Prescribe requirements, criteria, and procedures for the	5152
recertification of a mine foreperson or a foreperson of a gaseous	5153
mine who has not worked in an underground coal mine for a period	5154
of more than two calendar years;	5155

(2) Prescribe requirements, criteria, and procedures for the	5156
retraining of a mine foreperson or a foreperson of a gaseous mine	5157
who has not worked in an underground coal mine for a period of one	5158
or more calendar years;	5159

(3) Establish fees for the examination and recertification of	5160
mine forepersons or forepersons of gaseous mines under this	5161
section;	5162

(4) Prescribe any other requirements, criteria, and	5163
procedures that the chief determines are necessary to administer	5164
this section.	5165

(F) Any moneys collected under this section shall be paid	5166
into the state treasury to the credit of the mining regulation	5167
fund created in section 1561.48 of the Revised Code.	5168

Sec. 1561.17. (A) A person who applies for a certificate as	5169
mine foreperson or foreperson of nongaseous mines shall be able to	5170
read and write the English language; shall have had at least three	5171
years' actual practical experience in mines, or the equivalent	5172
thereof in the judgment of the chief of the division of mineral	5173
resources management; and shall have knowledge of the dangers and	5174
nature of noxious gases. Each applicant for examination shall pay	5175
a fee ~~of ten dollars~~established in rules adopted under this	5176
section to the chief on the first day of the examination. ~~Any~~	5177

(B) A person who has been issued a certificate as a mine	5178
foreperson or a foreperson of a nongaseous coal mine and who has	5179
not worked in an underground coal mine for a period of more than	5180
two calendar years shall apply for and obtain recertification	5181
from the chief in accordance with rules adopted under this	5182
section before performing the duties of a mine foreperson or a	5183
foreperson of a nongaseous coal mine. An applicant for	5184
recertification shall pay a fee established in rules adopted	5185
under this section at the time of application for	5186
recertification.	5187

(C) A person who has been issued a certificate as a mine	5188
foreperson or a foreperson of a nongaseous coal mine and who has	5189
not worked in an underground coal mine for a period of one or	5190
more calendar years shall successfully complete a retraining	5191
course in accordance with rules adopted under this section before	5192
performing the duties of a mine foreperson or a foreperson of a	5193
nongaseous coal mine.	5194

(D) The chief, in consultation with a statewide association	5195
representing the coal mining industry and a statewide association	5196
representing employees of coal mines, shall adopt rules in	5197
accordance with Chapter 119. of the Revised Code that do all of	5198
the following:	5199

(1) Prescribe requirements, criteria, and procedures for the	5200
recertification of a mine foreperson or a foreperson of a	5201
nongaseous coal mine who has not worked in an underground coal	5202
mine for a period of more than two calendar years;	5203

(2) Prescribe requirements, criteria, and procedures for the	5204
retraining of a mine foreperson or a foreperson of a nongaseous	5205
coal mine who has not worked in an underground coal mine for a	5206
period of one or more calendar years;	5207

(3) Establish fees for the examination and recertification of	5208
mine forepersons or forepersons of nongaseous coal mines under	5209
this section;	5210

(4) Prescribe any other requirements, criteria, and	5211
procedures that the chief determines are necessary to administer	5212
this section.	5213

(E) Any moneys collected under this section shall be paid	5214
into the state treasury to the credit of the mining regulation	5215
fund created in section 1561.48 of the Revised Code.	5216

Sec. 1561.23. The chief of the division of mineral resources	5217
management shall issue the following certificates to those	5218
applicants who pass their examination:	5219

(A) Certificates for mine forepersons of gaseous mines;

5220

(B) Certificates for mine forepersons of nongaseous mines;

5221

5222

(D) Certificates for forepersons of nongaseous mines;

5223

(E) Certificates for forepersons of surface maintenance	5224
facilities of underground or surface mines;	5225

(F) Certificates for mine forepersons of surface mines;

5226

(G) Certificates for forepersons of surface mines;

5227

(H) Certificates for fire bosses;

5228

(I) Certificates for mine electricians;

5229

(J) Certificates for surface mine blasters;

5230

(K) Certificates for shot firers.

5231

Applicants for certificates shall make application to the	5232
chief, on a form provided by the chief, for examination. All	5233
applicants shall be able to read and write the English language	5234
intelligently, and shall furnish the chief with a certificate as	5235
to their character, length and description of their practical	5236
experience, and satisfactory evidence of their ability to perform	5237
the duties of the position for which they make application for	5238
examination.	5239

~~Any~~Except as provided in sections 1561.16 and 1561.17 of the	5240
Revised Code, any certificate issued by the former mine examining	5241
board prior to October 29, 1995, shall remain in effect	5242
notwithstanding the new classifications of certificates	5243
established by this section.	5244

Sec. 1561.24. For purposes of this chapter, Chapters 1563.,	5245
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised	5246
Code, there is hereby created in the state treasury the mine	5247
safety fund. The fund shall consist of money transferred to it by	5248
the administrator of workers' compensation from the coal-workers	5249
pneumoconiosis fund established in section 4131.03 of the Revised	5250
Code. All investment earnings of the mine safety fund shall be	5251
credited to the fund. The chief of the division of mineral	5252
resources management shall use money in the fund for all of the	5253
following purposes:	5254

(A) Mine safety and health inspections and audits;

5255

(B) The purchase and maintenance of mine rescue and	5256
inspection equipment;	5257

(C) The purchase or lease of facilities for use as mine	5258
rescue stations and for mine rescue and safety training;	5259

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

5260

(E) Certification and recertification of mine officials.

5261

Sec. 1561.25. The division of ~~mines and reclamation~~mineral	5262
resources management shall establish and maintain four rescue	5263
stations. Three of such stations shall be centrally located at	5264
such places, conveniently accessible to the mines and mining areas	5265
of the state so as to cover the largest number of mines in the	5266
shortest period of time, as the chief of the division of ~~mines and~~	5267
~~reclamation~~mineral resources management determines; and one such	5268
station may be maintained at the mine laboratory provided for in	5269
section 1561.27 of the Revised Code. In establishing such stations	5270
the chief may use quarters owned by or in the possession and	5271
control of the state, if available, or may lease other quarters	5272
therefor. Each station shall be equipped with rescue and first aid	5273
apparatus and other equipment as follows:	5274

(A) One motor truck of sufficient capacity to carry the	5275
equipment prescribed by this section;	5276

(B) Not less than six approved breathing apparatus, complete	5277
and in good working order;	5278

(C) One recharging or refilling motor-driven pump for	5279
recharging oxygen cylinders;	5280

(D) Not less than ten oxygen storage cylinders;

5281

(E) One resuscitating outfit;

5282

(F) Not less than five approved flame safety lamps and one	5283
lamp testing cabinet;	5284

(G) Not less than two carbon monoxide detectors;

5285

(H) One approved methane indicating detector;

5286

(I) Not less than ten approved electric mine safety cap lamps	5287
complete;	5288

(J) Charging equipment for cap lamps;

5289

(K) Not less than five hundred feet of two-inch hose of	5290
standard connections and nozzles complete;	5291

(L) All the equipment necessary to provide emergency medical	5292
services, including that necessary for the services of a paramedic	5293
as defined in section 4765.01 of the Revised Code, and to	5294
establish and maintain an intravenous lifeline;	5295

(M) Sufficient parts, supplies, and other necessary equipment	5296
for maintenance and operation of the equipment prescribed in this	5297
section.	5298

All equipment shall be inspected and tested weekly for	5299
efficiency and operation, and be maintained in an effective	5300
operating condition. Reports of the condition shall be sent in	5301
writing to the division of ~~mines and reclamation~~mineral resources	5302
management.	5303

Each of ~~such~~the stations shall at all times be in charge of	5304
an assistant superintendent of rescue stations. Each assistant	5305
superintendent shall, under the supervision of the superintendent	5306
of rescue stations, conduct classes in first aid, mine safety,	5307
rescue work, and other safety educational work for the benefit of	5308
people desiring to take the same. They shall keep the equipment	5309
prescribed in this section in good condition, and see that this	5310
equipment reaches any mine whenever it is needed as expeditiously	5311
as possible. They shall help to perform whatever duties are	5312
necessary.	5313

All such stations shall be under the direction of the	5314
superintendent.	5315

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

5316

(1) "EMT-basic," "EMT-I," and "paramedic" have the same	5317
meanings as in section 4765.01 of the Revised Code.	5318

(2) "Mine medical responder" has the same meaning as in	5319
section 1565.15 of the Revised Code.	5320

(B) The superintendent of rescue stations, with the approval	5321
of the chief of the division of mineral resources management,	5322
shall, at each rescue station provided for in section 1561.25 of	5323
the Revised Code, train and employ rescue crews of six members	5324
each, one of whom shall hold a mine foreperson or fire boss	5325
certificate and be designated captain, and train and employ any	5326
number of such rescue crews as the superintendent believes	5327
necessary. One member of a rescue crew shall be certified as an	5328
EMT-basic, EMT-I, mine medical responder, or paramedic. Each	5329
member of a rescue crew shall devote the time specified by the	5330
chief each month for training purposes and shall be available at	5331
all times to assist in rescue work at explosions, mine fires, and	5332
other emergencies.	5333

A captain of mine rescue crews shall receive for service as	5334
captain the sum of twenty-four dollars per month, and each member	5335
shall receive the sum of twenty dollars per month, all payable on	5336
requisition approved by the chief. When engaged in rescue work at	5337
explosions, mine fires, or other emergencies away from their	5338
station, the members of the rescue crews and captains of the same	5339
shall be paid the sum of six dollars per hour for work on the	5340
surface, which includes the time consumed by those members in	5341
traveling to and from the scene of the emergency when the scene is	5342
away from the station of the members, and the sum of seven dollars	5343
per hour for all work underground at the emergency, and in	5344
addition thereto, the necessary living expenses of the members	5345
when the emergency is away from their home station, all payable on	5346
requisition approved by the chief.	5347

Each member of a mine rescue crew shall undergo an annual	5348
medical examination. The chief may designate to perform an	5349
examination any individual authorized by the Revised Code to do	5350
so, including a physician assistant, a clinical nurse specialist,	5351
a certified nurse practitioner, or a certified nurse-midwife. In	5352
designating the individual to perform a medical examination, the	5353
chief shall choose one near the station of the member of the	5354
rescue crews. The examiner shall report the examination results to	5355
the chief and if, in the opinion of the chief, the report	5356
indicates that the member is physically unfit for further	5357
services, the chief shall relieve the member from further duty.	5358
The fee charged by the examiner for the examination shall be paid	5359
in the same manner as fees are paid to doctors employed by the	5360
industrial commission for special medical examinations.	5361

The chief may remove any member of a rescue crew for any	5362
reason. Such crews shall be subject to the orders of the chief,	5363
the superintendent, and the deputy mine inspectors when engaged in	5364
actual mine rescue work. Mine rescue crews shall, in case of	5365
death or injury when engaged in rescue work, wherever the same may	5366
occur, be paid compensation, or their dependents shall be paid	5367
death benefits, from the workers' compensation fund, in the same	5368
manner as other employees of the state.	5369

(C) In addition to the training of rescue crews, each	5370
assistant superintendent of rescue stations, with the approval of	5371
the superintendent, shall provide for and conduct safety, first	5372
aid, and rescue classes at any mine or for any group of miners who	5373
make application for the conducting of such classes. The chief may	5374
assess a fee for safety and first aid classes for the purpose of	5375
covering the costs associated with providing those classes. The	5376
chief shall establish a fee schedule for safety and first aid	5377
classes by rule adopted in accordance with Chapter 119. of the	5378
Revised Code. Fees collected under this section shall be deposited	5379
in the surface mining fund created in section 1514.06 of the	5380
Revised Code.	5381

The superintendent shall prescribe and provide for a uniform	5382
schedule of conducting such safety and rescue classes as will	5383
provide a competent knowledge of modern safety and rescue methods	5384
in, at, and about mines.	5385

(D) No member of a mine rescue crew who performs mine rescue	5386
at an underground coal mine and no operator of a mine whose	5387
employee participates as a member of such a mine rescue crew is	5388
liable in any civil action that arises under the laws of this	5389
state for damage or injury caused in the performance of rescue	5390
work at an underground coal mine. However, a member of such a mine	5391
rescue crew may be liable if the member acted with malicious	5392
purpose, in bad faith, or in a wanton or reckless manner.	5393

This division does not eliminate, limit, or reduce any	5394
immunity from civil liability that is conferred on a member of	5395
such a mine rescue crew or an operator by any other provision of	5396
the Revised Code or by case law.	5397

Sec. 1561.261. Except for civil actions in which the state is	5398
the plaintiff, no employee of the division of mineral resources	5399
management who performs rescue work at an underground coal mine is	5400
liable in any civil action that arises under the laws of this	5401
state for damage or injury caused in the performance of rescue	5402
work at an underground coal mine unless the employee acted with	5403
malicious purpose, in bad faith, or in a wanton or reckless	5404
manner.	5405

This section does not eliminate, limit, or reduce any	5406
immunity from civil liability that is conferred on an employee of	5407
the division by any other provision of the Revised Code or by case	5408
law.	5409

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

5410

(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical	5411
service organization" have the same meanings as in section 4765.01	5412
of the Revised Code.	5413

(2) "First aid provider" includes a mine medical responder,	5414
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface	5415
coal mine who has satisfied the training requirements established	5416
in division (D)(1) of this section.	5417

(3) "Mine medical responder" means a person who has satisfied	5418
the requirements established in rules adopted under division (E)	5419
of this section.	5420

(B) The operator of an underground coal mine where twenty or	5421
more persons are employed on a shift, including all persons	5422
working at different locations at the mine within a ten-mile	5423
radius, shall provide at least one mine medical responder,	5424
EMT-basic, or EMT-I on duty at the underground coal mine whenever	5425
employees at the mine are actively engaged in the extraction,	5426
production, or preparation of coal. The operator shall provide	5427
mine medical responders, EMTs-basic, or EMTs-I on duty at the	5428
underground coal mine at times and in numbers sufficient to ensure	5429
that no miner works in a mine location that cannot be reached	5430
within a reasonable time by a mine medical responder, an	5431
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and	5432
EMTs-I shall be employed on their regular coal mining duties at	5433
locations convenient for quick response to emergencies in order to	5434
provide emergency medical services inside the underground coal	5435
mine and transportation of injured or sick employees to the	5436
entrance of the mine. The operator shall provide for the services	5437
of at least one emergency medical service organization to be	5438
available on call to reach the entrance of the underground coal	5439
mine within thirty minutes at any time that employees are engaged	5440
in the extraction, production, or preparation of coal in order to	5441
provide emergency medical services and transportation to a	5442
hospital.	5443

The operator shall make available to mine medical responders,	5444
EMTs-basic, and EMTs-I all of the equipment for first aid and	5445
emergency medical services that is necessary for those personnel	5446
to function and to comply with the regulations pertaining to	5447
first aid and emergency medical services that are adopted under	5448
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290,	5449
30 U.S.C.A. 801, and amendments to it. The operator of the	5450
underground coal mine shall install telephone service or	5451
equivalent facilities that enable two-way voice communication	5452
between the mine medical responders, EMTs-basic, or EMTs-I in the	5453
mine and the emergency medical service organization outside the	5454
mine that provides emergency medical services on a regular basis.	5455

(C) The operator of a surface coal mine shall provide at	5456
least one first aid provider on duty at the mine whenever	5457
employees at the mine are actively engaged in the extraction,	5458
production, or preparation of coal. The operator shall provide	5459
first aid providers on duty at the surface coal mine at times and	5460
in numbers sufficient to ensure that no miner works in a mine	5461
location that cannot be reached within a reasonable time by a	5462
first aid provider. First aid providers shall be employed on their	5463
regular coal mining duties at locations convenient for quick	5464
response to emergencies in order to provide emergency medical	5465
services and transportation of injured or sick employees to the	5466
entrance of the surface coal mine. The operator shall provide for	5467
the services of at least one emergency medical service	5468
organization to be available on call to reach the entrance of the	5469
surface coal mine within thirty minutes at any time that employees	5470
are engaged in the extraction, production, or preparation of coal	5471
in order to provide emergency medical services and transportation	5472
to a hospital.	5473

The operator shall provide at the mine site all of the	5474
equipment for first aid and emergency medical services that is	5475
necessary for those personnel to function and to comply with the	5476
regulations pertaining to first aid and emergency medical services	5477
that are adopted under the "Federal Mine Safety and Health Act of	5478
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it.	5479

(D)(1) An employee at a surface coal mine shall be	5480
considered to be a first aid provider for the purposes of this	5481
section if the employee has received from an instructor approved	5482
by the chief of the division of mineral resources management ten	5483
hours of initial first aid training as a selected supervisory	5484
employee under 30 C.F.R. 77.1703 and receives five hours of	5485
refresher first aid training as a selected supervisory employee	5486
under 30 C.F.R. 77.1705 in each subsequent calendar year.	5487

(2) Each miner employed at a surface coal mine who is not a	5488
first aid provider shall receive from an instructor approved by	5489
the chief three hours of initial first aid training and two hours	5490
of refresher first aid training in each subsequent calendar year.	5491

(3) The training received in accordance with division (D) of	5492
this section shall consist of a course of instruction established	5493
in the manual issued by the mine safety and health administration	5494
in the United States department of labor entitled "first aid, a	5495
bureau of mines instruction manual" or its successor or any other	5496
curriculum approved by the chief. The training shall be included	5497
in the hours of instruction provided to miners in accordance with	5498
training requirements established under 30 C.F.R. part 48, subpart	5499
(B), as amended, and 30 C.F.R. part 77, as amended.	5500

(E) The chief, in consultation with persons certified under	5501
Chapter 4765. of the Revised Code to teach in an emergency medical	5502
services training program, shall adopt rules in accordance with	5503
Chapter 119. of the Revised Code that do all of the following:	5504

(1) Prescribe training requirements for a mine medical	5505
responder that specifically focus on treating injuries and	5506
illnesses associated with underground coal mining;	5507

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

5508

(3) Prescribe continuing training requirements for a mine	5509
medical responder;	5510

(4) Establish the fee for examination for a mine medical	5511
responder;	5512

(5) Prescribe any other requirements, criteria, and	5513
procedures that the chief determines are necessary regarding the	5514
training, examination, and continuing training of mine medical	5515
responders.	5516

If a person qualifies as a mine medical responder or similar	5517
classification in another state, the person may provide emergency	5518
medical services as a mine medical responder in this state	5519
without completing the training or passing the examination that	5520
is required in rules adopted under this division, provided that	5521
the chief determines that the person's qualifications from the	5522
other state satisfy all of the applicable requirements that are	5523
established in rules adopted under this division.	5524

(F) Each operator of a surface coal mine shall establish,	5525
keep current, and make available for inspection an emergency	5526
medical plan that includes the telephone numbers of the division	5527
of mineral resources management and of an emergency medical	5528
services organization the services of which are required to be	5529
retained under division (C) of this section. The chief shall adopt	5530
rules in accordance with Chapter 119. of the Revised Code that	5531
establish any additional information required to be included in an	5532
emergency medical plan.	5533

~~(F)~~(G) Each operator of an underground coal mine or surface	5534
coal mine shall provide or contract to obtain emergency medical	5535
services training or first aid training, as applicable, at the	5536
operator's expense, that is sufficient to train and maintain the	5537
certification of the number of employees necessary to comply with	5538
division (B) of this section and that is sufficient to train	5539
employees as required under division (D) of this section and to	5540
comply with division (C) of this section.	5541

~~(G)~~(H) The division may provide emergency medical services	5542
training for coal mine employees by operating an emergency medical	5543
services training program accredited under section 4765.17 of the	5544
Revised Code or by contracting with the operator of an emergency	5545
medical services training program accredited under that section to	5546
provide that training. The division may charge coal mine operators	5547
a uniform part of the unit cost per trainee.	5548

~~(H)~~(I) No coal mine operator shall violate or fail to comply	5549
with this section.	5550

Sec. 1567.64. (A) As used in this section, "tag lines" and	5551
"tie-off lines" have the same meanings as in rules adopted under	5552
this section.	5553

(B) The operator of an underground coal mine shall provide	5554
tag lines or tie-off lines for each miner at the mine. The	5555
operator shall provide and employees of the mine shall use tag	5556
lines or tie-off lines in accordance with requirements and	5557
procedures established in rules adopted under this section.	5558

(C) The chief of the division of mineral resources	5559
management, in consultation with a statewide association	5560
representing the coal mining industry and a statewide association	5561
representing employees of coal mines, shall adopt rules in	5562
accordance with Chapter 119. of the Revised Code concerning the	5563
use of tag lines or tie-off lines in an underground coal mine. The	5564
rules shall include all of the following:	5565

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

5566

(2) A description or list of acceptable tag lines and tie-off	5567
lines;	5568

(3) Procedures and requirements for the use of tag lines and	5569
tie-off lines;	5570

(4) Procedures for the approval and inspection of the use of	5571
tag lines and tie-off lines in a mine;	5572

(5) Any other requirements concerning tag lines or tie-off	5573
lines that the chief determines are necessary.	5574

(D) No operator of a mine shall refuse or neglect to comply	5575
with this section or rules adopted under it.	5576

Sec. 1567.681. (A) The operator of an underground coal mine	5577
that uses conveyor belts in the operation of the mine shall	5578
install fire detection devices on each conveyor belt that is used	5579
in the mine. The fire detection devices shall be of a design and	5580
type established in rules adopted under this section. The chief of	5581
the division of mineral resources management shall inspect the	5582
fire detection devices after the operator of the mine has	5583
installed the devices on the conveyor belts that are used in the	5584
operation of the mine. The chief shall approve or disapprove the	5585
installation of the fire detection devices and shall notify the	5586
operator of the chief's decision.	5587

(B) The chief, in consultation with a statewide association	5588
representing the coal mining industry and a statewide association	5589
representing employees of coal mines, shall adopt rules in	5590
accordance with Chapter 119. of the Revised Code concerning the	5591
installation and use of fire detection devices on conveyor belts	5592
that are used in an underground coal mine. The rules shall include	5593
all of the following:	5594

(1) The design and types of fire detection devices that must	5595
be used on a conveyor belt in order to provide for the earliest	5596
possible detection of a fire;	5597

(2) The number of fire detection devices that are required	5598
on a conveyor belt;	5599

(3) A procedure for the notification of the chief after the	5600
operator of a mine has installed the fire detection devices;	5601

(4) A procedure for the inspection of fire detection devices	5602
installed on a conveyor belt;	5603

(5) Any other requirements that the chief determines are	5604
necessary.	5605

(C) No operator of a mine shall refuse or neglect to comply	5606
with this section or rules adopted under it.	5607

Sec. 1751.01. As used in this chapter:

5608

(A)(1) "Basic health care services" means the following	5609
services when medically necessary:	5610

(a) Physician's services, except when such services are	5611
supplemental under division (B) of this section;	5612

(b) Inpatient hospital services;

5613

5614

(d) Emergency health services;

5615

(e) Urgent care services;

5616

(f) Diagnostic laboratory services and diagnostic and	5617
therapeutic radiologic services;	5618

(g) Diagnostic and treatment services, other than	5619
prescription drug services, for biologically based mental	5620
illnesses;	5621

(h) Preventive health care services, including, but not	5622
limited to, voluntary family planning services, infertility	5623
services, periodic physical examinations, prenatal obstetrical	5624
care, and well-child care.	5625

"Basic health care services" does not include experimental	5626
procedures.	5627

Except as provided by divisions (A)(2) and (3) of this	5628
section in connection with the offering of coverage for diagnostic	5629
and treatment services for biologically based mental illnesses, a	5630
health insuring corporation shall not offer coverage for a health	5631
care service, defined as a basic health care service by this	5632
division, unless it offers coverage for all listed basic health	5633
care services. However, this requirement does not apply to the	5634
coverage of beneficiaries enrolled in ~~Title XVIII of the "Social~~	5635
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	5636
medicare pursuant to a medicare contract, or to the coverage of	5637
beneficiaries enrolled in the federal employee health benefits	5638
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	5639
~~beneficiaries enrolled in Title XIX of the "Social Security Act,"~~	5640
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the~~	5641
~~medical assistance program or~~ medicaid~~, provided by the department~~	5642
~~of job and family services under Chapter 5111. of the Revised Code~~	5643
recipients, or to the coverage of participants of the children's	5644
buy-in program, or to the coverage of beneficiaries under any	5645
federal health care program regulated by a federal regulatory	5646
body, or to the coverage of beneficiaries under any contract	5647
covering officers or employees of the state that has been entered	5648
into by the department of administrative services.	5649

(2) A health insuring corporation may offer coverage for	5650
diagnostic and treatment services for biologically based mental	5651
illnesses without offering coverage for all other basic health	5652
care services. A health insuring corporation may offer coverage	5653
for diagnostic and treatment services for biologically based	5654
mental illnesses alone or in combination with one or more	5655
supplemental health care services. However, a health insuring	5656
corporation that offers coverage for any other basic health care	5657
service shall offer coverage for diagnostic and treatment services	5658
for biologically based mental illnesses in combination with the	5659
offer of coverage for all other listed basic health care services.	5660

(3) A health insuring corporation that offers coverage for	5661
basic health care services is not required to offer coverage for	5662
diagnostic and treatment services for biologically based mental	5663
illnesses in combination with the offer of coverage for all other	5664
listed basic health care services if all of the following apply:	5665

(a) The health insuring corporation submits documentation	5666
certified by an independent member of the American academy of	5667
actuaries to the superintendent of insurance showing that incurred	5668
claims for diagnostic and treatment services for biologically	5669
based mental illnesses for a period of at least six months	5670
independently caused the health insuring corporation's costs for	5671
claims and administrative expenses for the coverage of basic	5672
health care services to increase by more than one per cent per	5673
year.	5674

(b) The health insuring corporation submits a signed letter	5675
from an independent member of the American academy of actuaries to	5676
the superintendent of insurance opining that the increase in costs	5677
described in division (A)(3)(a) of this section could reasonably	5678
justify an increase of more than one per cent in the annual	5679
premiums or rates charged by the health insuring corporation for	5680
the coverage of basic health care services.	5681

(c) The superintendent of insurance makes the following	5682
determinations from the documentation and opinion submitted	5683
pursuant to divisions (A)(3)(a) and (b) of this section:	5684

(i) Incurred claims for diagnostic and treatment services for	5685
biologically based mental illnesses for a period of at least six	5686
months independently caused the health insuring corporation's	5687
costs for claims and administrative expenses for the coverage of	5688
basic health care services to increase by more than one per cent	5689
per year.	5690

(ii) The increase in costs reasonably justifies an increase	5691
of more than one per cent in the annual premiums or rates charged	5692
by the health insuring corporation for the coverage of basic	5693
health care services.	5694

Any determination made by the superintendent under this	5695
division is subject to Chapter 119. of the Revised Code.	5696

(B)(1) "Supplemental health care services" means any health	5697
care services other than basic health care services that a health	5698
insuring corporation may offer, alone or in combination with	5699
either basic health care services or other supplemental health	5700
care services, and includes:	5701

(a) Services of facilities for intermediate or long-term	5702
care, or both;	5703

(b) Dental care services;

5704

(c) Vision care and optometric services including lenses and	5705
frames;	5706

(d) Podiatric care or foot care services;

5707

(e) Mental health services, excluding diagnostic and	5708
treatment services for biologically based mental illnesses;	5709

(f) Short-term outpatient evaluative and crisis-intervention	5710
mental health services;	5711

(g) Medical or psychological treatment and referral services	5712
for alcohol and drug abuse or addiction;	5713

(h) Home health services;

5714

(i) Prescription drug services;

5715

(j) Nursing services;

5716

(k) Services of a dietitian licensed under Chapter 4759. of	5717
the Revised Code;	5718

(l) Physical therapy services;

5719

(m) Chiropractic services;

5720

(n) Any other category of services approved by the	5721
superintendent of insurance.	5722

(2) If a health insuring corporation offers prescription drug	5723
services under this division, the coverage shall include	5724
prescription drug services for the treatment of biologically based	5725
mental illnesses on the same terms and conditions as other	5726
physical diseases and disorders.	5727

(C) "Specialty health care services" means one of the	5728
supplemental health care services listed in division (B) of this	5729
section, when provided by a health insuring corporation on an	5730
outpatient-only basis and not in combination with other	5731
supplemental health care services.	5732

(D) "Biologically based mental illnesses" means	5733
schizophrenia, schizoaffective disorder, major depressive	5734
disorder, bipolar disorder, paranoia and other psychotic	5735
disorders, obsessive-compulsive disorder, and panic disorder, as	5736
these terms are defined in the most recent edition of the	5737
diagnostic and statistical manual of mental disorders published by	5738
the American psychiatric association.	5739

(E) "Children's buy-in program" has the same meaning as in	5740
section 5101.5211 of the Revised Code.	5741

(F) "Closed panel plan" means a health care plan that	5742
requires enrollees to use participating providers.	5743

~~(F)~~(G) "Compensation" means remuneration for the provision of	5744
health care services, determined on other than a fee-for-service	5745
or discounted-fee-for-service basis.	5746

~~(G)~~(H) "Contractual periodic prepayment" means the formula	5747
for determining the premium rate for all subscribers of a health	5748
insuring corporation.	5749

~~(H)~~(I) "Corporation" means a corporation formed under Chapter	5750
1701. or 1702. of the Revised Code or the similar laws of another	5751
state.	5752

~~(I)~~(J) "Emergency health services" means those health care	5753
services that must be available on a seven-days-per-week,	5754
twenty-four-hours-per-day basis in order to prevent jeopardy to an	5755
enrollee's health status that would occur if such services were	5756
not received as soon as possible, and includes, where appropriate,	5757
provisions for transportation and indemnity payments or service	5758
agreements for out-of-area coverage.	5759

~~(J)~~(K) "Enrollee" means any natural person who is entitled to	5760
receive health care benefits provided by a health insuring	5761
corporation.	5762

~~(K)~~(L) "Evidence of coverage" means any certificate,	5763
agreement, policy, or contract issued to a subscriber that sets	5764
out the coverage and other rights to which such person is entitled	5765
under a health care plan.	5766

~~(L)~~(M) "Health care facility" means any facility, except a	5767
health care practitioner's office, that provides preventive,	5768
diagnostic, therapeutic, acute convalescent, rehabilitation,	5769
mental health, mental retardation, intermediate care, or skilled	5770
nursing services.	5771

~~(M)~~(N) "Health care services" means basic, supplemental, and	5772
specialty health care services.	5773

~~(N)~~(O) "Health delivery network" means any group of providers	5774
or health care facilities, or both, or any representative thereof,	5775
that have entered into an agreement to offer health care services	5776
in a panel rather than on an individual basis.	5777

~~(O)~~(P) "Health insuring corporation" means a corporation, as	5778
defined in division ~~(H)~~(I) of this section, that, pursuant to a	5779
policy, contract, certificate, or agreement, pays for, reimburses,	5780
or provides, delivers, arranges for, or otherwise makes available,	5781
basic health care services, supplemental health care services, or	5782
specialty health care services, or a combination of basic health	5783
care services and either supplemental health care services or	5784
specialty health care services, through either an open panel plan	5785
or a closed panel plan.	5786

"Health insuring corporation" does not include a limited	5787
liability company formed pursuant to Chapter 1705. of the Revised	5788
Code, an insurer licensed under Title XXXIX of the Revised Code if	5789
that insurer offers only open panel plans under which all	5790
providers and health care facilities participating receive their	5791
compensation directly from the insurer, a corporation formed by or	5792
on behalf of a political subdivision or a department, office, or	5793
institution of the state, or a public entity formed by or on	5794
behalf of a board of county commissioners, a county board of	5795
mental retardation and developmental disabilities, an alcohol and	5796
drug addiction services board, a board of alcohol, drug addiction,	5797
and mental health services, or a community mental health board, as	5798
those terms are used in Chapters 340. and 5126. of the Revised	5799
Code. Except as provided by division (D) of section 1751.02 of	5800
the Revised Code, or as otherwise provided by law, no board,	5801
commission, agency, or other entity under the control of a	5802
political subdivision may accept insurance risk in providing for	5803
health care services. However, nothing in this division shall be	5804
construed as prohibiting such entities from purchasing the	5805
services of a health insuring corporation or a third-party	5806
administrator licensed under Chapter 3959. of the Revised Code.	5807

~~(P)~~(Q) "Intermediary organization" means a health delivery	5808
network or other entity that contracts with licensed health	5809
insuring corporations or self-insured employers, or both, to	5810
provide health care services, and that enters into contractual	5811
arrangements with other entities for the provision of health care	5812
services for the purpose of fulfilling the terms of its contracts	5813
with the health insuring corporations and self-insured employers.	5814

~~(Q)~~(R) "Intermediate care" means residential care above the	5815
level of room and board for patients who require personal	5816
assistance and health-related services, but who do not require	5817
skilled nursing care.	5818

~~(R)~~(S) "Medicaid" has the same meaning as in section 5111.01	5819
of the Revised Code.	5820

(T) "Medical record" means the personal information that	5821
relates to an individual's physical or mental condition, medical	5822
history, or medical treatment.	5823

~~(S)~~(U) "Medicare" means the program established under Title	5824
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	5825
1395, as amended.	5826

(V)(1) "Open panel plan" means a health care plan that	5827
provides incentives for enrollees to use participating providers	5828
and that also allows enrollees to use providers that are not	5829
participating providers.	5830

(2) No health insuring corporation may offer an open panel	5831
plan, unless the health insuring corporation is also licensed as	5832
an insurer under Title XXXIX of the Revised Code, the health	5833
insuring corporation, on June 4, 1997, holds a certificate of	5834
authority or license to operate under Chapter 1736. or 1740. of	5835
the Revised Code, or an insurer licensed under Title XXXIX of the	5836
Revised Code is responsible for the out-of-network risk as	5837
evidenced by both an evidence of coverage filing under section	5838
1751.11 of the Revised Code and a policy and certificate filing	5839
under section 3923.02 of the Revised Code.	5840

~~(T)~~(W) "Panel" means a group of providers or health care	5841
facilities that have joined together to deliver health care	5842
services through a contractual arrangement with a health insuring	5843
corporation, employer group, or other payor.	5844

~~(U)~~(X) "Person" has the same meaning as in section 1.59 of	5845
the Revised Code, and, unless the context otherwise requires,	5846
includes any insurance company holding a certificate of authority	5847
under Title XXXIX of the Revised Code, any subsidiary and	5848
affiliate of an insurance company, and any government agency.	5849

~~(V)~~(Y) "Premium rate" means any set fee regularly paid by a	5850
subscriber to a health insuring corporation. A "premium rate" does	5851
not include a one-time membership fee, an annual administrative	5852
fee, or a nominal access fee, paid to a managed health care system	5853
under which the recipient of health care services remains solely	5854
responsible for any charges accessed for those services by the	5855
provider or health care facility.	5856

~~(W)~~(Z) "Primary care provider" means a provider that is	5857
designated by a health insuring corporation to supervise,	5858
coordinate, or provide initial care or continuing care to an	5859
enrollee, and that may be required by the health insuring	5860
corporation to initiate a referral for specialty care and to	5861
maintain supervision of the health care services rendered to the	5862
enrollee.	5863

~~(X)~~(AA) "Provider" means any natural person or partnership of	5864
natural persons who are licensed, certified, accredited, or	5865
otherwise authorized in this state to furnish health care	5866
services, or any professional association organized under Chapter	5867
1785. of the Revised Code, provided that nothing in this chapter	5868
or other provisions of law shall be construed to preclude a health	5869
insuring corporation, health care practitioner, or organized	5870
health care group associated with a health insuring corporation	5871
from employing certified nurse practitioners, certified nurse	5872
anesthetists, clinical nurse specialists, certified nurse	5873
midwives, dietitians, physician assistants, dental assistants,	5874
dental hygienists, optometric technicians, or other allied health	5875
personnel who are licensed, certified, accredited, or otherwise	5876
authorized in this state to furnish health care services.	5877

~~(Y)~~(BB) "Provider sponsored organization" means a	5878
corporation, as defined in division ~~(H)~~(I) of this section, that	5879
is at least eighty per cent owned or controlled by one or more	5880
hospitals, as defined in section 3727.01 of the Revised Code, or	5881
one or more physicians licensed to practice medicine or surgery or	5882
osteopathic medicine and surgery under Chapter 4731. of the	5883
Revised Code, or any combination of such physicians and hospitals.	5884
Such control is presumed to exist if at least eighty per cent of	5885
the voting rights or governance rights of a provider sponsored	5886
organization are directly or indirectly owned, controlled, or	5887
otherwise held by any combination of the physicians and hospitals	5888
described in this division.	5889

~~(Z)~~(CC) "Solicitation document" means the written materials	5890
provided to prospective subscribers or enrollees, or both, and	5891
used for advertising and marketing to induce enrollment in the	5892
health care plans of a health insuring corporation.	5893

~~(AA)~~(DD) "Subscriber" means a person who is responsible for	5894
making payments to a health insuring corporation for participation	5895
in a health care plan, or an enrollee whose employment or other	5896
status is the basis of eligibility for enrollment in a health	5897
insuring corporation.	5898

~~(BB)~~(EE) "Urgent care services" means those health care	5899
services that are appropriately provided for an unforeseen	5900
condition of a kind that usually requires medical attention	5901
without delay but that does not pose a threat to the life, limb,	5902
or permanent health of the injured or ill person, and may include	5903
such health care services provided out of the health insuring	5904
corporation's approved service area pursuant to indemnity payments	5905
or service agreements.	5906

Sec. 1751.04. (A) Except as provided by division (F) of this	5907
section, upon the receipt by the superintendent of insurance of a	5908
complete application for a certificate of authority to establish	5909
or operate a health insuring corporation, which application sets	5910
forth or is accompanied by the information and documents required	5911
by division (A) of section 1751.03 of the Revised Code, the	5912
superintendent shall transmit copies of the application and	5913
accompanying documents to the director of health.	5914

(B) The director shall review the application and	5915
accompanying documents and make findings as to whether the	5916
applicant for a certificate of authority has done all of the	5917
following with respect to any basic health care services and	5918
supplemental health care services to be furnished:	5919

(1) Demonstrated the willingness and potential ability to	5920
ensure that all basic health care services and supplemental health	5921
care services described in the evidence of coverage will be	5922
provided to all its enrollees as promptly as is appropriate and in	5923
a manner that assures continuity;	5924

(2) Made effective arrangements to ensure that its enrollees	5925
have reliable access to qualified providers in those specialties	5926
that are generally available in the geographic area or areas to be	5927
served by the applicant and that are necessary to provide all	5928
basic health care services and supplemental health care services	5929
described in the evidence of coverage;	5930

(3) Made appropriate arrangements for the availability of	5931
short-term health care services in emergencies within the	5932
geographic area or areas to be served by the applicant,	5933
twenty-four hours per day, seven days per week, and for the	5934
provision of adequate coverage whenever an out-of-area emergency	5935
arises;	5936

(4) Made appropriate arrangements for an ongoing evaluation	5937
and assurance of the quality of health care services provided to	5938
enrollees, including, if applicable, the development of a quality	5939
assurance program complying with the requirements of sections	5940
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	5941
personnel, facilities, and equipment by or through which the	5942
services are rendered;	5943

(5) Developed a procedure to gather and report statistics	5944
relating to the cost and effectiveness of its operations, the	5945
pattern of utilization of its services, and the quality,	5946
availability, and accessibility of its services.	5947

(C) Within ninety days of the director's receipt of the	5948
application for issuance of a certificate of authority, the	5949
director shall certify to the superintendent whether or not the	5950
applicant meets the requirements of division (B) of this section	5951
and sections 3702.51 to 3702.62 of the Revised Code. If the	5952
director certifies that the applicant does not meet these	5953
requirements, the director shall specify in what respects it is	5954
deficient. However, the director shall not certify that the	5955
requirements of this section are not met unless the applicant has	5956
been given an opportunity for a hearing.	5957

(D) If the applicant requests a hearing, the director shall	5958
hold a hearing before certifying that the applicant does not meet	5959
the requirements of this section. The hearing shall be held in	5960
accordance with Chapter 119. of the Revised Code.	5961

(E) The ninety-day review period provided for under division	5962
(C) of this section shall cease to run as of the date on which the	5963
notice of the applicant's right to request a hearing is mailed and	5964
shall remain suspended until the director issues a final	5965
certification order.	5966

(F) Nothing in this section requires the director to review	5967
or make findings with regard to an application and accompanying	5968
documents to establish or operate aany of the following:	5969

(1) A health insuring corporation to cover solely medicaid	5970
recipients ~~of assistance under the medicaid program operated~~	5971
~~pursuant to Chapter 5111. of the Revised Code, a~~;	5972

(2) A health insuring corporation to cover solely ~~recipients~~	5973
~~of assistance under the federal~~ medicare ~~program under Title XVIII~~	5974
~~of the "Social Security Act," 49 Stat. 62 (1935), 42 U.S.C. 301,~~	5975
~~as amended, or a~~beneficiaries;	5976

(3) A health insuring corporation to cover solely medicaid	5977
recipients ~~of assistance under both the medicaid~~ and medicare	5978
~~programs~~beneficiaries;	5979

(4) A health insuring corporation to cover solely	5980
participants of the children's buy-in program;	5981

(5) A health insuring corporation to cover solely medicaid	5982
recipients and participants of the children's buy-in program;	5983

(6) A health insuring corporation to cover solely medicaid	5984
recipients, medicare beneficiaries, and participants of the	5985
children's buy-in program.	5986

Sec. 1751.05. (A) The superintendent of insurance shall	5987
issue or deny a certificate of authority to health insuring	5988
corporations within the deadlines specified as follows:	5989

(1) For a health insuring corporation filing an application	5990
pursuant to section 1751.03 of the Revised Code, forty-five days	5991
from the superintendent's receipt of the certification from the	5992
director of health under division (C) of section 1751.04 of the	5993
Revised Code;	5994

(2) ~~For a health insuring corporation that covers solely~~	5995
~~recipients of assistance under the medicaid program operated~~	5996
~~pursuant to Chapter 5111. of the Revised Code, one~~One hundred	5997
thirty-five days from the superintendent's receipt of a complete	5998
application and accompanying documents if the health insuring	5999
corporation is to cover solely the following:	6000

(a) Medicaid recipients;

6001

(b) Medicare beneficiaries;

6002

6003

(d) Participants of the children's buy-in program;

6004

(e) Medicaid recipients and participants of the children's	6005
buy-in program;	6006

(f) Medicaid recipients, medicare beneficiaries, and	6007
participants of the children's buy-in program.	6008

(B) A certificate of authority shall be issued upon payment	6009
of the application fee prescribed in section 1751.44 of the	6010
Revised Code if the superintendent is satisfied that the following	6011
conditions are met:	6012

(1) The persons responsible for the conduct of the affairs of	6013
the applicant are competent, trustworthy, and possess good	6014
reputations.	6015

(2) The director certifies, in accordance with division (C)	6016
of section 1751.04 of the Revised Code, that the organization's	6017
proposed plan of operation meets the requirements of division (B)	6018
of that section and sections 3702.51 to 3702.62 of the Revised	6019
Code. If, after the director has certified compliance, the	6020
application is amended in a manner that affects its approval under	6021
section 1751.04 of the Revised Code, the superintendent shall	6022
request the director to review and recertify the amended plan of	6023
operation. Within forty-five days of receipt of the amended plan	6024
from the superintendent, the director shall certify to the	6025
superintendent, pursuant to section 1751.04 of the Revised Code,	6026
whether or not the amended plan meets the requirements of section	6027
1751.04 of the Revised Code. The superintendent's forty-five-day	6028
review period shall cease to run as of the date on which the	6029
amended plan is transmitted to the director and shall remain	6030
suspended until the superintendent receives a new certification	6031
from the director.	6032

(3) The applicant constitutes an appropriate mechanism to	6033
effectively provide or arrange for the provision of the basic	6034
health care services, supplemental health care services, or	6035
specialty health care services to be provided to enrollees.	6036

(4) The applicant is financially responsible, complies with	6037
section 1751.28 of the Revised Code, and may reasonably be	6038
expected to meet its obligations to enrollees and prospective	6039
enrollees. In making this determination, the superintendent may	6040
consider:	6041

(a) The financial soundness of the applicant's arrangements	6042
for health care services, including the applicant's proposed	6043
contractual periodic prepayments or premiums and the use of	6044
copayments and deductibles;	6045

(b) The adequacy of working capital;

6046

(c) Any agreement with an insurer, a government, or any other	6047
person for insuring the payment of the cost of health care	6048
services or providing for automatic applicability of an	6049
alternative coverage in the event of discontinuance of the health	6050
insuring corporation's operations;	6051

(d) Any agreement with providers or health care facilities	6052
for the provision of health care services;	6053

(e) Any deposit of securities submitted in accordance with	6054
section 1751.27 of the Revised Code as a guarantee that the	6055
obligations will be performed.	6056

(5) The applicant has submitted documentation of an	6057
arrangement to provide health care services to its enrollees until	6058
the expiration of the enrollees' contracts with the applicant if a	6059
health care plan or the operations of the health insuring	6060
corporation are discontinued prior to the expiration of the	6061
enrollees' contracts. An arrangement to provide health care	6062
services may be made by using any one, or any combination, of the	6063
following methods:	6064

(a) The maintenance of insolvency insurance;

6065

(b) A provision in contracts with providers and health care	6066
facilities, but no health insuring corporation shall rely solely	6067
on such a provision for more than thirty days;	6068

(c) An agreement with other health insuring corporations or	6069
insurers, providing enrollees with automatic conversion rights	6070
upon the discontinuation of a health care plan or the health	6071
insuring corporation's operations;	6072

(d) Such other methods as approved by the superintendent.

6073

(6) Nothing in the applicant's proposed method of operation,	6074
as shown by the information submitted pursuant to section 1751.03	6075
of the Revised Code or by independent investigation, will cause	6076
harm to an enrollee or to the public at large, as determined by	6077
the superintendent.	6078

(7) Any deficiencies certified by the director have been	6079
corrected.	6080

(8) The applicant has deposited securities as set forth in	6081
section 1751.27 of the Revised Code.	6082

(C) If an applicant elects to fulfill the requirements of	6083
division (A)(5) of this section through an agreement with other	6084
health insuring corporations or insurers, the agreement shall	6085
require those health insuring corporations or insurers to give	6086
thirty days' notice to the superintendent prior to cancellation or	6087
discontinuation of the agreement for any reason.	6088

(D) A certificate of authority shall be denied only after	6089
compliance with the requirements of section 1751.36 of the Revised	6090
Code.	6091

Sec. 1751.11. (A) Every subscriber of a health insuring	6092
corporation is entitled to an evidence of coverage for the health	6093
care plan under which health care benefits are provided.	6094

(B) Every subscriber of a health insuring corporation that	6095
offers basic health care services is entitled to an identification	6096
card or similar document that specifies the health insuring	6097
corporation's name as stated in its articles of incorporation, and	6098
any trade or fictitious names used by the health insuring	6099
corporation. The identification card or document shall list at	6100
least one toll-free telephone number that provides the subscriber	6101
with access, to information on a twenty-four-hours-per-day,	6102
seven-days-per-week basis, as to how health care services may be	6103
obtained. The identification card or document shall also list at	6104
least one toll-free number that, during normal business hours,	6105
provides the subscriber with access to information on the coverage	6106
available under the subscriber's health care plan and information	6107
on the health care plan's internal and external review processes.	6108

(C) No evidence of coverage, or amendment to the evidence of	6109
coverage, shall be delivered, issued for delivery, renewed, or	6110
used, until the form of the evidence of coverage or amendment has	6111
been filed by the health insuring corporation with the	6112
superintendent of insurance. If the superintendent does not	6113
disapprove the evidence of coverage or amendment within sixty days	6114
after it is filed it shall be deemed approved, unless the	6115
superintendent sooner gives approval for the evidence of coverage	6116
or amendment. With respect to an amendment to an approved evidence	6117
of coverage, the superintendent only may disapprove provisions	6118
amended or added to the evidence of coverage. If the	6119
superintendent determines within the sixty-day period that any	6120
evidence of coverage or amendment fails to meet the requirements	6121
of this section, the superintendent shall so notify the health	6122
insuring corporation and it shall be unlawful for the health	6123
insuring corporation to use such evidence of coverage or	6124
amendment. At any time, the superintendent, upon at least thirty	6125
days' written notice to a health insuring corporation, may	6126
withdraw an approval, deemed or actual, of any evidence of	6127
coverage or amendment on any of the grounds stated in this	6128
section. Such disapproval shall be effected by a written order,	6129
which shall state the grounds for disapproval and shall be issued	6130
in accordance with Chapter 119. of the Revised Code.	6131

(D) No evidence of coverage or amendment shall be delivered,	6132
issued for delivery, renewed, or used:	6133

(1) If it contains provisions or statements that are	6134
inequitable, untrue, misleading, or deceptive;	6135

(2) Unless it contains a clear, concise, and complete	6136
statement of the following:	6137

(a) The health care services and insurance or other benefits,	6138
if any, to which an enrollee is entitled under the health care	6139
plan;	6140

(b) Any exclusions or limitations on the health care	6141
services, type of health care services, benefits, or type of	6142
benefits to be provided, including copayments and deductibles;	6143

(c) An enrollee's personal financial obligation for	6144
noncovered services;	6145

(d) Where and in what manner general information and	6146
information as to how health care services may be obtained is	6147
available, including a toll-free telephone number;	6148

(e) The premium rate with respect to individual and	6149
conversion contracts, and relevant copayment and deductible	6150
provisions with respect to all contracts. The statement of the	6151
premium rate, however, may be contained in a separate insert.	6152

(f) The method utilized by the health insuring corporation	6153
for resolving enrollee complaints;	6154

(g) The utilization review, internal review, and external	6155
review procedures established under sections 1751.77 to 1751.85 of	6156
the Revised Code.	6157

(3) Unless it provides for the continuation of an enrollee's	6158
coverage, in the event that the enrollee's coverage under the	6159
group policy, contract, certificate, or agreement terminates while	6160
the enrollee is receiving inpatient care in a hospital. This	6161
continuation of coverage shall terminate at the earliest	6162
occurrence of any of the following:	6163

(a) The enrollee's discharge from the hospital;

6164

(b) The determination by the enrollee's attending physician	6165
that inpatient care is no longer medically indicated for the	6166
enrollee; however, nothing in division (D)(3)(b) of this section	6167
precludes a health insuring corporation from engaging in	6168
utilization review as described in the evidence of coverage.	6169

(c) The enrollee's reaching the limit for contractual	6170
benefits;	6171

(d) The effective date of any new coverage.

6172

(4) Unless it contains a provision that states, in substance,	6173
that the health insuring corporation is not a member of any	6174
guaranty fund, and that in the event of the health insuring	6175
corporation's insolvency, an enrollee is protected only to the	6176
extent that the hold harmless provision required by section	6177
1751.13 of the Revised Code applies to the health care services	6178
rendered;	6179

(5) Unless it contains a provision that states, in substance,	6180
that in the event of the insolvency of the health insuring	6181
corporation, an enrollee may be financially responsible for health	6182
care services rendered by a provider or health care facility that	6183
is not under contract to the health insuring corporation, whether	6184
or not the health insuring corporation authorized the use of the	6185
provider or health care facility.	6186

(E) Notwithstanding divisions (C) and (D) of this section, a	6187
health insuring corporation may use an evidence of coverage that	6188
provides for the coverage of beneficiaries enrolled in ~~Title XVIII~~	6189
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	6190
~~301, as amended,~~medicare pursuant to a medicare contract, or an	6191
evidence of coverage that provides for the coverage of	6192
beneficiaries enrolled in the federal employees health benefits	6193
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage	6194
that provides for the coverage of ~~beneficiaries enrolled in Title~~	6195
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	6196
~~301, as amended, known as the medical assistance program or~~	6197
medicaid~~, provided by the Ohio department of job and family~~	6198
~~services under Chapter 5111. of the Revised Code~~recipients, or an	6199
evidence of coverage that provides for coverage of participants of	6200
the children's buy-in program, or an evidence of coverage that	6201
provides for the coverage of beneficiaries under any other federal	6202
health care program regulated by a federal regulatory body, or an	6203
evidence of coverage that provides for the coverage of	6204
beneficiaries under any contract covering officers or employees of	6205
the state that has been entered into by the department of	6206
administrative services, if both of the following apply:	6207

(1) The evidence of coverage has been approved by the United	6208
States department of health and human services, the United States	6209
office of personnel management, the Ohio department of job and	6210
family services, or the department of administrative services.	6211

(2) The evidence of coverage is filed with the superintendent	6212
of insurance prior to use and is accompanied by documentation of	6213
approval from the United States department of health and human	6214
services, the United States office of personnel management, the	6215
Ohio department of job and family services, or the department of	6216
administrative services.	6217

Sec. 1751.111. (A)(1) This section applies to both of the	6218
following:	6219

(a) A health insuring corporation that issues or requires the	6220
use of a standardized identification card or an electronic	6221
technology for submission and routing of prescription drug claims	6222
pursuant to a policy, contract, or agreement for health care	6223
services;	6224

(b) A person or entity that a health insuring corporation	6225
contracts with to issue a standardized identification card or an	6226
electronic technology described in division (A)(1)(a) of this	6227
section.	6228

(2) Notwithstanding division (A)(1) of this section, this	6229
section does not apply to the issuance or required use of a	6230
standardized identification card or an electronic technology for	6231
submission and routing of prescription drug claims in connection	6232
with any of the following:	6233

(a) Coverage provided under the medicare advantage program	6234
operated pursuant to Part C of Title XVIII of the "Social Security	6235
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	6236

(b) Coverage provided under medicaid~~, as defined in section~~	6237
~~5111.01 of the Revised Code~~.	6238

6239

(d) Coverage provided under an employer's self-insurance plan	6240
or by any of its administrators, as defined in section 3959.01 of	6241
the Revised Code, to the extent that federal law supersedes,	6242
preempts, prohibits, or otherwise precludes the application of	6243
this section to the plan and its administrators.	6244

(B) A standardized identification card or an electronic	6245
technology issued or required to be used as provided in division	6246
(A)(1) of this section shall contain uniform prescription drug	6247
information in accordance with either division (B)(1) or (2) of	6248
this section.	6249

(1) The standardized identification card or the electronic	6250
technology shall be in a format and contain information fields	6251
approved by the national council for prescription drug programs or	6252
a successor organization, as specified in the council's or	6253
successor organization's pharmacy identification card	6254
implementation guide in effect on the first day of October most	6255
immediately preceding the issuance or required use of the	6256
standardized identification card or the electronic technology.	6257

(2) If the health insuring corporation or the person under	6258
contract with the corporation to issue a standardized	6259
identification card or an electronic technology requires the	6260
information for the submission and routing of a claim, the	6261
standardized identification card or the electronic technology	6262
shall contain any of the following information:	6263

(a) The health insuring corporation's name;

6264

(b) The subscriber's name, group number, and identification	6265
number;	6266

(c) A telephone number to inquire about pharmacy-related	6267
issues;	6268

(d) The issuer's international identification number, labeled	6269
as "ANSI BIN" or "RxBIN";	6270

(e) The processor's control number, labeled as "RxPCN";

6271

(f) The subscriber's pharmacy benefits group number if	6272
different from the subscriber's medical group number, labeled as	6273
"RxGrp."	6274

(C) If the standardized identification card or the electronic	6275
technology issued or required to be used as provided in division	6276
(A)(1) of this section is also used for submission and routing of	6277
nonpharmacy claims, the designation "Rx" is required to be	6278
included as part of the labels identified in divisions (B)(2)(d)	6279
and (e) of this section if the issuer's international	6280
identification number or the processor's control number is	6281
different for medical and pharmacy claims.	6282

(D) Each health insuring corporation described in division	6283
(A) of this section shall annually file a certificate with the	6284
superintendent of insurance certifying that it or any person it	6285
contracts with to issue a standardized identification card or	6286
electronic technology for submission and routing of prescription	6287
drug claims complies with this section.	6288

(E)(1) Except as provided in division (E)(2) of this section,	6289
if there is a change in the information contained in the	6290
standardized identification card or the electronic technology	6291
issued to a subscriber, the health insuring corporation or person	6292
under contract with the corporation to issue a standardized	6293
identification card or an electronic technology shall issue a new	6294
card or electronic technology to the subscriber.	6295

(2) A health insuring corporation or person under contract	6296
with the corporation is not required under division (E)(1) of this	6297
section to issue a new card or electronic technology to a	6298
subscriber more than once during a twelve-month period.	6299

(F) Nothing in this section shall be construed as requiring a	6300
health insuring corporation to produce more than one standardized	6301
identification card or one electronic technology for use by	6302
subscribers accessing health care benefits provided under a	6303
policy, contract, or agreement for health care services.	6304

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	6305
no premium rate for nongroup and conversion policies for health	6306
care services, or any amendment to them, may be used by any health	6307
insuring corporation at any time until the contractual periodic	6308
prepayment and premium rate, or amendment, have been filed with	6309
the superintendent of insurance, and shall not be effective until	6310
the expiration of sixty days after their filing unless the	6311
superintendent sooner gives approval. The filing shall be	6312
accompanied by an actuarial certification in the form prescribed	6313
by the superintendent. The superintendent shall disapprove the	6314
filing, if the superintendent determines within the sixty-day	6315
period that the contractual periodic prepayment or premium rate,	6316
or amendment, is not in accordance with sound actuarial principles	6317
or is not reasonably related to the applicable coverage and	6318
characteristics of the applicable class of enrollees. The	6319
superintendent shall notify the health insuring corporation of the	6320
disapproval, and it shall thereafter be unlawful for the health	6321
insuring corporation to use the contractual periodic prepayment or	6322
premium rate, or amendment.	6323

(2) No contractual periodic prepayment for group policies for	6324
health care services shall be used until the contractual periodic	6325
prepayment has been filed with the superintendent. The filing	6326
shall be accompanied by an actuarial certification in the form	6327
prescribed by the superintendent. The superintendent may reject a	6328
filing made under division (A)(2) of this section at any time,	6329
with at least thirty days' written notice to a health insuring	6330
corporation, if the contractual periodic prepayment is not in	6331
accordance with sound actuarial principles or is not reasonably	6332
related to the applicable coverage and characteristics of the	6333
applicable class of enrollees.	6334

(3) At any time, the superintendent, upon at least thirty	6335
days' written notice to a health insuring corporation, may	6336
withdraw the approval given under division (A)(1) of this section,	6337
deemed or actual, of any contractual periodic prepayment or	6338
premium rate, or amendment, based on information that either of	6339
the following applies:	6340

(a) The contractual periodic prepayment or premium rate, or	6341
amendment, is not in accordance with sound actuarial principles.	6342

(b) The contractual periodic prepayment or premium rate, or	6343
amendment, is not reasonably related to the applicable coverage	6344
and characteristics of the applicable class of enrollees.	6345

(4) Any disapproval under division (A)(1) of this section,	6346
any rejection of a filing made under division (A)(2) of this	6347
section, or any withdrawal of approval under division (A)(3) of	6348
this section, shall be effected by a written notice, which shall	6349
state the specific basis for the disapproval, rejection, or	6350
withdrawal and shall be issued in accordance with Chapter 119. of	6351
the Revised Code.	6352

(B) Notwithstanding division (A) of this section, a health	6353
insuring corporation may use a contractual periodic prepayment or	6354
premium rate for policies used for the coverage of beneficiaries	6355
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6356
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6357
medicare risk contract or medicare cost contract, or for policies	6358
used for the coverage of beneficiaries enrolled in the federal	6359
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	6360
for policies used for the coverage of ~~beneficiaries enrolled in~~	6361
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	6362
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	6363
or medicaid~~, provided by the department of job and family services~~	6364
~~under Chapter 5111. of the Revised Code~~recipients, or for	6365
policies used for coverage of participants of the children's	6366
buy-in program, or for policies used for the coverage of	6367
beneficiaries under any other federal health care program	6368
regulated by a federal regulatory body, or for policies used for	6369
the coverage of beneficiaries under any contract covering officers	6370
or employees of the state that has been entered into by the	6371
department of administrative services, if both of the following	6372
apply:	6373

(1) The contractual periodic prepayment or premium rate has	6374
been approved by the United States department of health and human	6375
services, the United States office of personnel management, the	6376
department of job and family services, or the department of	6377
administrative services.	6378

(2) The contractual periodic prepayment or premium rate is	6379
filed with the superintendent prior to use and is accompanied by	6380
documentation of approval from the United States department of	6381
health and human services, the United States office of personnel	6382
management, the department of job and family services, or the	6383
department of administrative services.	6384

(C) The administrative expense portion of all contractual	6385
periodic prepayment or premium rate filings submitted to the	6386
superintendent for review must reflect the actual cost of	6387
administering the product. The superintendent may require that the	6388
administrative expense portion of the filings be itemized and	6389
supported.	6390

(D)(1) Copayments must be reasonable and must not be a	6391
barrier to the necessary utilization of services by enrollees.	6392

(2) A health insuring corporation, in order to ensure that	6393
copayments are reasonable and not a barrier to the necessary	6394
utilization of basic health care services by enrollees, may do one	6395
of the following:	6396

(a) Impose copayment charges on any single covered basic	6397
health care service that does not exceed forty per cent of the	6398
average cost to the health insuring corporation of providing the	6399
service;	6400

(b) Impose copayment charges that annually do not exceed	6401
twenty per cent of the total annual cost to the health insuring	6402
corporation of providing all covered basic health care services,	6403
including physician office visits, urgent care services, and	6404
emergency health services, when aggregated as to all persons	6405
covered under the filed product in question. In addition, annual	6406
copayment charges as to each enrollee shall not exceed twenty per	6407
cent of the total annual cost to the health insuring corporation	6408
of providing all covered basic health care services, including	6409
physician office visits, urgent care services, and emergency	6410
health services, as to such enrollee. The total annual cost of	6411
providing a health care service is the cost to the health insuring	6412
corporation of providing the health care service to its enrollees	6413
as reduced by any applicable provider discount.	6414

(3) To ensure that copayments are reasonable and not a	6415
barrier to the utilization of basic health care services, a health	6416
insuring corporation may not impose, in any contract year, on any	6417
subscriber or enrollee, copayments that exceed two hundred per	6418
cent of the average annual premium rate to subscribers or	6419
enrollees.	6420

(4) For purposes of division (D) of this section, both of the	6421
following apply:	6422

(a) Copayments imposed by health insuring corporations in	6423
connection with a high deductible health plan that is linked to a	6424
health savings account are reasonable and are not a barrier to the	6425
necessary utilization of services by enrollees.	6426

(b) Divisions (D)(2) and (3) of this section do not apply to	6427
a high deductible health plan that is linked to a health savings	6428
account.	6429

(E) A health insuring corporation shall not impose lifetime	6430
maximums on basic health care services. However, a health insuring	6431
corporation may establish a benefit limit for inpatient hospital	6432
services that are provided pursuant to a policy, contract,	6433
certificate, or agreement for supplemental health care services.	6434

(F) A health insuring corporation may require that an	6435
enrollee pay an annual deductible that does not exceed one	6436
thousand dollars per enrollee or two thousand dollars per family,	6437
except that:	6438

(1) A health insuring corporation may impose higher	6439
deductibles for high deductible health plans that are linked to	6440
health savings accounts;	6441

(2) The superintendent may adopt rules allowing different	6442
annual deductible amounts for plans with a medical savings	6443
account, health reimbursement arrangement, flexible spending	6444
account, or similar account;	6445

(3) A health insuring corporation may impose higher	6446
deductibles under health plans if requested by the group contract,	6447
policy, certificate, or agreement holder, or an individual seeking	6448
coverage under an individual health plan. This shall not be	6449
construed as requiring the health insuring corporation to create	6450
customized health plans for group contract holders or individuals.	6451

(G) As used in this section, "health savings account" and	6452
"high deductible health plan" have the same meanings as in the	6453
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	6454
amended.	6455

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	6456
either directly or indirectly, enter into contracts for the	6457
provision of health care services with a sufficient number and	6458
types of providers and health care facilities to ensure that all	6459
covered health care services will be accessible to enrollees from	6460
a contracted provider or health care facility.	6461

(b) A health insuring corporation shall not refuse to	6462
contract with a physician for the provision of health care	6463
services or refuse to recognize a physician as a specialist on the	6464
basis that the physician attended an educational program or a	6465
residency program approved or certified by the American	6466
osteopathic association. A health insuring corporation shall not	6467
refuse to contract with a health care facility for the provision	6468
of health care services on the basis that the health care facility	6469
is certified or accredited by the American osteopathic association	6470
or that the health care facility is an osteopathic hospital as	6471
defined in section 3702.51 of the Revised Code.	6472

(c) Nothing in division (A)(1)(b) of this section shall be	6473
construed to require a health insuring corporation to make a	6474
benefit payment under a closed panel plan to a physician or health	6475
care facility with which the health insuring corporation does not	6476
have a contract, provided that none of the bases set forth in that	6477
division are used as a reason for failing to make a benefit	6478
payment.	6479

(2) When a health insuring corporation is unable to provide a	6480
covered health care service from a contracted provider or health	6481
care facility, the health insuring corporation must provide that	6482
health care service from a noncontracted provider or health care	6483
facility consistent with the terms of the enrollee's policy,	6484
contract, certificate, or agreement. The health insuring	6485
corporation shall either ensure that the health care service be	6486
provided at no greater cost to the enrollee than if the enrollee	6487
had obtained the health care service from a contracted provider or	6488
health care facility, or make other arrangements acceptable to the	6489
superintendent of insurance.	6490

(3) Nothing in this section shall prohibit a health insuring	6491
corporation from entering into contracts with out-of-state	6492
providers or health care facilities that are licensed, certified,	6493
accredited, or otherwise authorized in that state.	6494

(B)(1) A health insuring corporation shall, either directly	6495
or indirectly, enter into contracts with all providers and health	6496
care facilities through which health care services are provided to	6497
its enrollees.	6498

(2) A health insuring corporation, upon written request,	6499
shall assist its contracted providers in finding stop-loss or	6500
reinsurance carriers.	6501

(C) A health insuring corporation shall file an annual	6502
certificate with the superintendent certifying that all provider	6503
contracts and contracts with health care facilities through which	6504
health care services are being provided contain the following:	6505

(1) A description of the method by which the provider or	6506
health care facility will be notified of the specific health care	6507
services for which the provider or health care facility will be	6508
responsible, including any limitations or conditions on such	6509
services;	6510

(2) The specific hold harmless provision specifying	6511
protection of enrollees set forth as follows:	6512

"[Provider/Health Care Facility] agrees that in no event,	6513
including but not limited to nonpayment by the health insuring	6514
corporation, insolvency of the health insuring corporation, or	6515
breach of this agreement, shall [Provider/Health Care Facility]	6516
bill, charge, collect a deposit from, seek remuneration or	6517
reimbursement from, or have any recourse against, a subscriber,	6518
enrollee, person to whom health care services have been provided,	6519
or person acting on behalf of the covered enrollee, for health	6520
care services provided pursuant to this agreement. This does not	6521
prohibit [Provider/Health Care Facility] from collecting	6522
co-insurance, deductibles, or copayments as specifically provided	6523
in the evidence of coverage, or fees for uncovered health care	6524
services delivered on a fee-for-service basis to persons	6525
referenced above, nor from any recourse against the health	6526
insuring corporation or its successor."	6527

(3) Provisions requiring the provider or health care facility	6528
to continue to provide covered health care services to enrollees	6529
in the event of the health insuring corporation's insolvency or	6530
discontinuance of operations. The provisions shall require the	6531
provider or health care facility to continue to provide covered	6532
health care services to enrollees as needed to complete any	6533
medically necessary procedures commenced but unfinished at the	6534
time of the health insuring corporation's insolvency or	6535
discontinuance of operations. The completion of a medically	6536
necessary procedure shall include the rendering of all covered	6537
health care services that constitute medically necessary follow-up	6538
care for that procedure. If an enrollee is receiving necessary	6539
inpatient care at a hospital, the provisions may limit the	6540
required provision of covered health care services relating to	6541
that inpatient care in accordance with division (D)(3) of section	6542
1751.11 of the Revised Code, and may also limit such required	6543
provision of covered health care services to the period ending	6544
thirty days after the health insuring corporation's insolvency or	6545
discontinuance of operations.	6546

The provisions required by division (C)(3) of this section	6547
shall not require any provider or health care facility to continue	6548
to provide any covered health care service after the occurrence of	6549
any of the following:	6550

(a) The end of the thirty-day period following the entry of a	6551
liquidation order under Chapter 3903. of the Revised Code;	6552

(b) The end of the enrollee's period of coverage for a	6553
contractual prepayment or premium;	6554

(c) The enrollee obtains equivalent coverage with another	6555
health insuring corporation or insurer, or the enrollee's employer	6556
obtains such coverage for the enrollee;	6557

(d) The enrollee or the enrollee's employer terminates	6558
coverage under the contract;	6559

(e) A liquidator effects a transfer of the health insuring	6560
corporation's obligations under the contract under division (A)(8)	6561
of section 3903.21 of the Revised Code.	6562

(4) A provision clearly stating the rights and	6563
responsibilities of the health insuring corporation, and of the	6564
contracted providers and health care facilities, with respect to	6565
administrative policies and programs, including, but not limited	6566
to, payments systems, utilization review, quality assurance,	6567
assessment, and improvement programs, credentialing,	6568
confidentiality requirements, and any applicable federal or state	6569
programs;	6570

(5) A provision regarding the availability and	6571
confidentiality of those health records maintained by providers	6572
and health care facilities to monitor and evaluate the quality of	6573
care, to conduct evaluations and audits, and to determine on a	6574
concurrent or retrospective basis the necessity of and	6575
appropriateness of health care services provided to enrollees.	6576
The provision shall include terms requiring the provider or health	6577
care facility to make these health records available to	6578
appropriate state and federal authorities involved in assessing	6579
the quality of care or in investigating the grievances or	6580
complaints of enrollees, and requiring the provider or health care	6581
facility to comply with applicable state and federal laws related	6582
to the confidentiality of medical or health records.	6583

(6) A provision that states that contractual rights and	6584
responsibilities may not be assigned or delegated by the provider	6585
or health care facility without the prior written consent of the	6586
health insuring corporation;	6587

(7) A provision requiring the provider or health care	6588
facility to maintain adequate professional liability and	6589
malpractice insurance. The provision shall also require the	6590
provider or health care facility to notify the health insuring	6591
corporation not more than ten days after the provider's or health	6592
care facility's receipt of notice of any reduction or cancellation	6593
of such coverage.	6594

(8) A provision requiring the provider or health care	6595
facility to observe, protect, and promote the rights of enrollees	6596
as patients;	6597

(9) A provision requiring the provider or health care	6598
facility to provide health care services without discrimination on	6599
the basis of a patient's participation in the health care plan,	6600
age, sex, ethnicity, religion, sexual preference, health status,	6601
or disability, and without regard to the source of payments made	6602
for health care services rendered to a patient. This requirement	6603
shall not apply to circumstances when the provider or health care	6604
facility appropriately does not render services due to limitations	6605
arising from the provider's or health care facility's lack of	6606
training, experience, or skill, or due to licensing restrictions.	6607

(10) A provision containing the specifics of any obligation	6608
on the primary care provider to provide, or to arrange for the	6609
provision of, covered health care services twenty-four hours per	6610
day, seven days per week;	6611

(11) A provision setting forth procedures for the resolution	6612
of disputes arising out of the contract;	6613

(12) A provision stating that the hold harmless provision	6614
required by division (C)(2) of this section shall survive the	6615
termination of the contract with respect to services covered and	6616
provided under the contract during the time the contract was in	6617
effect, regardless of the reason for the termination, including	6618
the insolvency of the health insuring corporation;	6619

(13) A provision requiring those terms that are used in the	6620
contract and that are defined by this chapter, be used in the	6621
contract in a manner consistent with those definitions.	6622

This division does not apply to the coverage of beneficiaries	6623
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6624
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6625
medicare risk contract or medicare cost contract, or to the	6626
coverage of beneficiaries enrolled in the federal employee health	6627
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage	6628
of ~~beneficiaries enrolled in Title XIX of the "Social Security~~	6629
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as~~	6630
~~the medical assistance program or~~ medicaid~~, provided by the~~	6631
~~department of job and family services under Chapter 5111. of the~~	6632
~~Revised Code~~recipients, or to the coverage of beneficiaries under	6633
any federal health care program regulated by a federal regulatory	6634
body, or to the coverage of participants of the children's buy-in	6635
program, or to the coverage of beneficiaries under any contract	6636
covering officers or employees of the state that has been entered	6637
into by the department of administrative services.	6638

(D)(1) No health insuring corporation contract with a	6639
provider or health care facility shall contain any of the	6640
following:	6641

(a) A provision that directly or indirectly offers an	6642
inducement to the provider or health care facility to reduce or	6643
limit medically necessary health care services to a covered	6644
enrollee;	6645

(b) A provision that penalizes a provider or health care	6646
facility that assists an enrollee to seek a reconsideration of the	6647
health insuring corporation's decision to deny or limit benefits	6648
to the enrollee;	6649

(c) A provision that limits or otherwise restricts the	6650
provider's or health care facility's ethical and legal	6651
responsibility to fully advise enrollees about their medical	6652
condition and about medically appropriate treatment options;	6653

(d) A provision that penalizes a provider or health care	6654
facility for principally advocating for medically necessary health	6655
care services;	6656

(e) A provision that penalizes a provider or health care	6657
facility for providing information or testimony to a legislative	6658
or regulatory body or agency. This shall not be construed to	6659
prohibit a health insuring corporation from penalizing a provider	6660
or health care facility that provides information or testimony	6661
that is libelous or slanderous or that discloses trade secrets	6662
which the provider or health care facility has no privilege or	6663
permission to disclose.	6664

(f) A provision that violates Chapter 3963. of the Revised	6665
Code.	6666

(2) Nothing in this division shall be construed to prohibit a	6667
health insuring corporation from doing either of the following:	6668

(a) Making a determination not to reimburse or pay for a	6669
particular medical treatment or other health care service;	6670

(b) Enforcing reasonable peer review or utilization review	6671
protocols, or determining whether a particular provider or health	6672
care facility has complied with these protocols.	6673

(E) Any contract between a health insuring corporation and an	6674
intermediary organization shall clearly specify that the health	6675
insuring corporation must approve or disapprove the participation	6676
of any provider or health care facility with which the	6677
intermediary organization contracts.	6678

(F) If an intermediary organization that is not a health	6679
delivery network contracting solely with self-insured employers	6680
subcontracts with a provider or health care facility, the	6681
subcontract with the provider or health care facility shall do all	6682
of the following:	6683

(1) Contain the provisions required by divisions (C) and (G)	6684
of this section, as made applicable to an intermediary	6685
organization, without the inclusion of inducements or penalties	6686
described in division (D) of this section;	6687

(2) Acknowledge that the health insuring corporation is a	6688
third-party beneficiary to the agreement;	6689

(3) Acknowledge the health insuring corporation's role in	6690
approving the participation of the provider or health care	6691
facility, pursuant to division (E) of this section.	6692

(G) Any provider contract or contract with a health care	6693
facility shall clearly specify the health insuring corporation's	6694
statutory responsibility to monitor and oversee the offering of	6695
covered health care services to its enrollees.	6696

(H)(1) A health insuring corporation shall maintain its	6697
provider contracts and its contracts with health care facilities	6698
at one or more of its places of business in this state, and shall	6699
provide copies of these contracts to facilitate regulatory review	6700
upon written notice by the superintendent of insurance.	6701

(2) Any contract with an intermediary organization that	6702
accepts compensation shall include provisions requiring the	6703
intermediary organization to provide the superintendent with	6704
regulatory access to all books, records, financial information,	6705
and documents related to the provision of health care services to	6706
subscribers and enrollees under the contract. The contract shall	6707
require the intermediary organization to maintain such books,	6708
records, financial information, and documents at its principal	6709
place of business in this state and to preserve them for at least	6710
three years in a manner that facilitates regulatory review.	6711

(I)(1) A health insuring corporation shall notify its	6712
affected enrollees of the termination of a contract for the	6713
provision of health care services between the health insuring	6714
corporation and a primary care physician or hospital, by mail,	6715
within thirty days after the termination of the contract.	6716

(a) Notice shall be given to subscribers of the termination	6717
of a contract with a primary care physician if the subscriber, or	6718
a dependent covered under the subscriber's health care coverage,	6719
has received health care services from the primary care physician	6720
within the previous twelve months or if the subscriber or	6721
dependent has selected the physician as the subscriber's or	6722
dependent's primary care physician within the previous twelve	6723
months.	6724

(b) Notice shall be given to subscribers of the termination	6725
of a contract with a hospital if the subscriber, or a dependent	6726
covered under the subscriber's health care coverage, has received	6727
health care services from that hospital within the previous twelve	6728
months.	6729

(2) The health insuring corporation shall pay, in accordance	6730
with the terms of the contract, for all covered health care	6731
services rendered to an enrollee by a primary care physician or	6732
hospital between the date of the termination of the contract and	6733
five days after the notification of the contract termination is	6734
mailed to a subscriber at the subscriber's last known address.	6735

(J) Divisions (A) and (B) of this section do not apply to any	6736
health insuring corporation that, on June 4, 1997, holds a	6737
certificate of authority or license to operate under Chapter 1740.	6738
of the Revised Code.	6739

(K) Nothing in this section shall restrict the governing body	6740
of a hospital from exercising the authority granted it pursuant to	6741
section 3701.351 of the Revised Code.	6742

Sec. 1751.15. (A) After a health insuring corporation has	6743
furnished, directly or indirectly, basic health care services for	6744
a period of twenty-four months, and if it currently meets the	6745
financial requirements set forth in section 1751.28 of the Revised	6746
Code and had net income as reported to the superintendent of	6747
insurance for at least one of the preceding four calendar	6748
quarters, it shall hold an annual open enrollment period of not	6749
less than thirty days during its month of licensure for	6750
individuals who are not federally eligible individuals at the time	6751
they apply for enrollment.	6752

(B) During the open enrollment period described in division	6753
(A) of this section, the health insuring corporation shall accept	6754
applicants and their dependents in the order in which they apply	6755
for enrollment and in accordance with any of the following:	6756

(1) Up to its capacity, as determined by the health insuring	6757
corporation subject to review by the superintendent;	6758

(2) If less than its capacity, one per cent of the health	6759
insuring corporation's total number of subscribers residing in	6760
this state as of the immediately preceding thirty-first day of	6761
December.	6762

(C) Where a health insuring corporation demonstrates to the	6763
satisfaction of the superintendent that such open enrollment would	6764
jeopardize its economic viability, the superintendent may do any	6765
of the following:	6766

(1) Waive the requirement for open enrollment;

6767

(2) Impose a limit on the number of applicants and their	6768
dependents that must be enrolled;	6769

(3) Authorize such underwriting restrictions upon open	6770
enrollment as are necessary to do any of the following:	6771

(a) Preserve its financial stability;

6772

(b) Prevent excessive adverse selection;

6773

(c) Avoid unreasonably high or unmarketable charges for	6774
coverage of health care services.	6775

(D)(1) A request to the superintendent under division (C) of	6776
this section for any restriction, limit, or waiver during an open	6777
enrollment period must be accompanied by supporting documentation,	6778
including financial data. In reviewing the request, the	6779
superintendent may consider various factors, including the size of	6780
the health insuring corporation, the health insuring corporation's	6781
net worth and profitability, the health insuring corporation's	6782
delivery system structure, and the effect on profitability of	6783
prior open enrollments.	6784

(2) Any action taken by the superintendent under division (C)	6785
of this section shall be effective for a period of not more than	6786
one year. At the expiration of such time, a new demonstration of	6787
the health insuring corporation's need for the restriction, limit,	6788
or waiver shall be made before a new restriction, limit, or waiver	6789
is granted by the superintendent.	6790

(3) Irrespective of the granting of any restriction, limit,	6791
or waiver by the superintendent, a health insuring corporation may	6792
reject an applicant or a dependent of the applicant during its	6793
open enrollment period if the applicant or dependent:	6794

(a) Was eligible for and was covered under any	6795
employer-sponsored health care coverage, or if employer-sponsored	6796
health care coverage was available at the time of open enrollment;	6797

(b) Is eligible for continuation coverage under state or	6798
federal law;	6799

(c) Is eligible for medicare, and the health insuring	6800
corporation does not have an agreement on appropriate payment	6801
mechanisms with the governmental agency administering the medicare	6802
program.	6803

(E) A health insuring corporation shall not be required	6804
either to enroll applicants or their dependents who are confined	6805
to a health care facility because of chronic illness, permanent	6806
injury, or other infirmity that would cause economic impairment to	6807
the health insuring corporation if such applicants or their	6808
dependents were enrolled or to make the effective date of benefits	6809
for applicants or their dependents enrolled under this section	6810
earlier than ninety days after the date of enrollment.	6811

(F) A health insuring corporation shall not be required to	6812
cover the fees or costs, or both, for any basic health care	6813
service related to a transplant of a body organ if the transplant	6814
occurs within one year after the effective date of an enrollee's	6815
coverage under this section. This limitation on coverage does not	6816
apply to a newly born child who meets the requirements for	6817
coverage under section 1751.61 of the Revised Code.	6818

(G) Each health insuring corporation required to hold an open	6819
enrollment pursuant to division (A) of this section shall file	6820
with the superintendent, not later than sixty days prior to the	6821
commencement of the proposed open enrollment period, the following	6822
documents:	6823

(1) The proposed public notice of open enrollment;

6824

(2) The evidence of coverage approved pursuant to section	6825
1751.11 of the Revised Code that will be used during open	6826
enrollment;	6827

(3) The contractual periodic prepayment and premium rate	6828
approved pursuant to section 1751.12 of the Revised Code that will	6829
be applicable during open enrollment;	6830

(4) Any solicitation document approved pursuant to section	6831
1751.31 of the Revised Code to be sent to applicants, including	6832
the application form that will be used during open enrollment;	6833

(5) A list of the proposed dates of publication of the public	6834
notice, and the names of the newspapers in which the notice will	6835
appear;	6836

(6) Any request for a restriction, limit, or waiver with	6837
respect to the open enrollment period, along with any supporting	6838
documentation.	6839

(H)(1) An open enrollment period shall not satisfy the	6840
requirements of this section unless the health insuring	6841
corporation provides adequate public notice in accordance with	6842
divisions (H)(2) and (3) of this section. No public notice shall	6843
be used until the form of the public notice has been filed by the	6844
health insuring corporation with the superintendent. If the	6845
superintendent does not disapprove the public notice within sixty	6846
days after it is filed, it shall be deemed approved, unless the	6847
superintendent sooner gives approval for the public notice. If the	6848
superintendent determines within this sixty-day period that the	6849
public notice fails to meet the requirements of this section, the	6850
superintendent shall so notify the health insuring corporation and	6851
it shall be unlawful for the health insuring corporation to use	6852
the public notice. Such disapproval shall be effected by a written	6853
order, which shall state the grounds for disapproval and shall be	6854
issued in accordance with Chapter 119. of the Revised Code.	6855

(2) A public notice pursuant to division (H)(1) of this	6856
section shall be published in at least one newspaper of general	6857
circulation in each county in the health insuring corporation's	6858
service area, at least once in each of the two weeks immediately	6859
preceding the month in which the open enrollment is to occur and	6860
in each week of that month, or until the enrollment limitation is	6861
reached, whichever occurs first. The notice published during the	6862
last week of open enrollment shall appear not less than five days	6863
before the end of the open enrollment period. It shall be at least	6864
two newspaper columns wide or two and one-half inches wide,	6865
whichever is larger. The first two lines of the text shall be	6866
published in not less than twelve-point, boldface type. The	6867
remainder of the text of the notice shall be published in not less	6868
than eight-point type. The entire public notice shall be	6869
surrounded by a continuous black line not less than one-eighth of	6870
an inch wide.	6871

(3) The following information shall be included in the public	6872
notice provided under division (H)(2) of this section:	6873

(a) The dates that open enrollment will be held and the date	6874
coverage obtained under the open enrollment will become effective;	6875

(b) Notice that an applicant or the applicant's dependents	6876
will not be denied coverage during open enrollment because of a	6877
preexisting health condition, but that some limitations and	6878
restrictions may apply;	6879

6880

(d) The telephone number that a person may call to request an	6881
application or to ask questions;	6882

(e) The date the first payment will be due;

6883

(f) The actual rates or range of rates that will be	6884
applicable for applicants;	6885

(g) Any limitation granted by the superintendent on the	6886
number of applications that will be accepted by the health	6887
insuring corporation.	6888

(4) Within thirty days after the end of an open enrollment	6889
period, the health insuring corporation shall submit to the	6890
superintendent proof of publication for the public notices, and	6891
shall report the total number of applicants and their dependents	6892
enrolled during the open enrollment period.	6893

(I)(1) No health insuring corporation may employ any scheme,	6894
plan, or device that restricts the ability of any person to enroll	6895
during open enrollment.	6896

(2) No health insuring corporation may require enrollment to	6897
be made in person. Every health insuring corporation shall permit	6898
application for coverage by mail. A representative of the health	6899
insuring corporation may visit an applicant who has submitted an	6900
application by mail, in order to explain the operations of the	6901
health insuring corporation and to answer any questions the	6902
applicant may have. Every health insuring corporation shall make	6903
open enrollment applications and solicitation documents readily	6904
available to any potential applicant who requests such material.	6905

(J) An application postmarked on the last day of an open	6906
enrollment period shall qualify as a valid application, regardless	6907
of the date on which it is received by the health insuring	6908
corporation.	6909

(K) This section does not apply to any of the following:

6910

(1) Any health insuring corporation that offers only	6911
supplemental health care services or specialty health care	6912
services~~, or to any~~;	6913

(2) Any health insuring corporation that offers plans only	6914
through ~~Title XVIII or Title XIX of the "Social Security Act," 49~~	6915
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare, medicaid,	6916
or the children's buy-in program and that has no other commercial	6917
enrollment~~, or to any~~;	6918

(3) Any health insuring corporation that offers plans only	6919
through other federal health care programs regulated by federal	6920
regulatory bodies and that has no other commercial enrollment~~, or~~	6921
~~to any~~;	6922

(4) Any health insuring corporation that offers plans only	6923
through contracts covering officers or employees of the state that	6924
have been entered into by the department of administrative	6925
services and that has no other commercial enrollment.	6926

(L) Each health insuring corporation shall accept federally	6927
eligible individuals for open enrollment coverage as provided in	6928
section 3923.581 of the Revised Code. A health insuring	6929
corporation may reinsure coverage of any federally eligible	6930
individual acquired under that section with the open enrollment	6931
reinsurance program in accordance with division (G) of section	6932
3924.11 of the Revised Code. Fixed periodic prepayment rates	6933
charged for coverage reinsured by the program shall be established	6934
in accordance with section 3924.12 of the Revised Code.	6935

(M) As used in this section, "federally eligible individual"	6936
means an eligible individual as defined in 45 C.F.R. 148.103.	6937

Sec. 1751.16. (A) Except as provided in division (F) of this	6938
section, every group contract issued by a health insuring	6939
corporation shall provide an option for conversion to an	6940
individual contract issued on a direct-payment basis to any	6941
subscriber covered by the group contract who terminates employment	6942
or membership in the group, unless:	6943

(1) Termination of the conversion option or contract is based	6944
upon nonpayment of premium after reasonable notice in writing has	6945
been given by the health insuring corporation to the subscriber.	6946

(2) The subscriber is, or is eligible to be, covered for	6947
benefits at least comparable to the group contract under any of	6948
the following:	6949

(a) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6950
~~(1935), 42 U.S.C.A. 301, as amended~~Medicare;	6951

(b) Any act of congress or law under this or any other state	6952
of the United States providing coverage at least comparable to the	6953
benefits under division (A)(2)(a) of this section;	6954

(c) Any policy of insurance or health care plan providing	6955
coverage at least comparable to the benefits under division	6956
(A)(2)(a) of this section.	6957

(B)(1) The direct-payment contract offered by the health	6958
insuring corporation pursuant to division (A) of this section	6959
shall provide the following:	6960

(a) In the case of an individual who is not a federally	6961
eligible individual, benefits comparable to benefits in any of the	6962
individual contracts then being issued to individual subscribers	6963
by the health insuring corporation;	6964

(b) In the case of a federally eligible individual, a basic	6965
and standard plan established by the board of directors of the	6966
Ohio health reinsurance program or plans substantially similar to	6967
the basic and standard plan in benefit design and scope of covered	6968
services. For purposes of division (B)(1)(b) of this section, the	6969
superintendent of insurance shall determine whether a plan is	6970
substantially similar to the basic or standard plan in benefit	6971
design and scope of covered services. The contractual periodic	6972
prepayments charged for such plans may not exceed an amount that	6973
is two times the midpoint of the standard rate charged any other	6974
individual of a group to which the organization is currently	6975
accepting new business and for which similar copayments and	6976
deductibles are applied.	6977

(2) The direct payment contract offered pursuant to division	6978
(A) of this section may include a coordination of benefits	6979
provision as approved by the superintendent.	6980

(3) For purposes of division (B) of this section "federally	6981
eligible individual" means an eligible individual as defined in 45	6982
C.F.R. 148.103.	6983

6984

(1) Upon the death of the subscriber, to the surviving spouse	6985
with respect to such of the spouse and dependents as are then	6986
covered by the group contract;	6987

(2) To a child solely with respect to the child upon the	6988
child's attaining the limiting age of coverage under the group	6989
contract while covered as a dependent under the contract;	6990

(3) Upon the divorce, dissolution, or annulment of the	6991
marriage of the subscriber, to the divorced spouse, or, in the	6992
event of annulment, to the former spouse of the subscriber.	6993

(D) No health insuring corporation shall use age as the basis	6994
for refusing to renew a converted contract.	6995

(E) Written notice of the conversion option provided by this	6996
section shall be given to the subscriber by the health insuring	6997
corporation by mail. The notice shall be sent to the subscriber's	6998
address in the records of the employer upon receipt of notice from	6999
the employer of the event giving rise to the conversion option. If	7000
the subscriber has not received notice of the conversion privilege	7001
at least fifteen days prior to the expiration of the thirty-day	7002
conversion period, then the subscriber shall have an additional	7003
period within which to exercise the privilege. This additional	7004
period shall expire fifteen days after the subscriber receives	7005
notice, but in no event shall the period extend beyond sixty days	7006
after the expiration of the thirty-day conversion period.	7007

(F) This section does not apply to any group contract	7008
offering only supplemental health care services or specialty	7009
health care services.	7010

Sec. 1751.17. (A) As used in this section, "nongroup	7011
contract" means a contract issued by a health insuring corporation	7012
to an individual who makes direct application for coverage under	7013
the contract and who, if required by the health insuring	7014
corporation, submits to medical underwriting. "Nongroup contract"	7015
does not include group conversion coverage, coverage obtained	7016
through open enrollment, or coverage issued on the basis of	7017
membership in a group.	7018

(B) Except as provided in division (C) of this section, every	7019
nongroup contract that is issued by a health insuring corporation	7020
and that makes available basic health care services shall provide	7021
an option for conversion to a contract issued on a direct-payment	7022
basis to an enrollee covered by the nongroup contract. The option	7023
for conversion shall be available:	7024

(1) Upon the death of the subscriber, to the surviving spouse	7025
with respect to the spouse or dependents who were then covered by	7026
the nongroup contract;	7027

(2) Upon the divorce, dissolution, or annulment of the	7028
marriage of the subscriber, to the divorced spouse, or, in the	7029
event of annulment, to the former spouse of the subscriber;	7030

(3) To a child solely with respect to the child, upon the	7031
child's attaining the limiting age of coverage under the nongroup	7032
contract while covered as a dependent under the contract.	7033

(C) The direct payment contract offered pursuant to division	7034
(B) of this section shall not be made available to an enrollee if	7035
any of the following applies:	7036

(1) The enrollee is, or is eligible to be, covered for	7037
benefits at least comparable to the nongroup contract under any of	7038
the following:	7039

(a) ~~The medical assistance program under Chapter 5111. of the~~	7040
~~Revised Code~~Medicaid;	7041

(b) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	7042
~~(1935), 42 U.S.C.A. 301, as amended~~The children's buy-in program;	7043

7044

(d) Any act of congress or law under this or any other state	7045
of the United States providing coverage at least comparable to the	7046
benefits offered under division (C)(1)(a) or, (b), or (c) of this	7047
section.	7048

(2) The nongroup contract under which the enrollee was	7049
covered was terminated due to nonpayment of a premium rate.	7050

(3) The enrollee is eligible for group coverage provided by,	7051
or available through, an employer or association and the group	7052
coverage provides benefits comparable to the benefits provided	7053
under a direct payment contract.	7054

(D) The direct payment contract offered pursuant to division	7055
(B) of this section shall provide benefits that are at least	7056
comparable to the benefits provided by the nongroup contract under	7057
which the enrollee was covered at the time of the occurrence of	7058
any of the events set forth in division (B) of this section. The	7059
coverage provided under the direct payment contract shall be	7060
continuous, provided that the enrollee makes the required premium	7061
rate payment within the thirty-day period immediately following	7062
the occurrence of the event, and may be terminated for nonpayment	7063
of any required premium rate payment.	7064

(E) The evidence of coverage of every nongroup contract shall	7065
contain notice that an option for conversion to a contract issued	7066
on a direct-payment basis is available, in accordance with this	7067
section, to any enrollee covered by the contract.	7068

(F) Benefits otherwise payable to an enrollee under a direct	7069
payment contract shall be reduced by the amount of any benefits	7070
available to the enrollee under any applicable group health	7071
insuring corporation contract or group sickness and accident	7072
insurance policy.	7073

(G) Nothing in this section shall be construed as requiring a	7074
health insuring corporation to offer nongroup contracts.	7075

(H) This section does not apply to any nongroup contract	7076
offering only supplemental health care services or specialty	7077
health care services.	7078

Sec. 1751.18. (A)(1) No health insuring corporation shall	7079
cancel or fail to renew the coverage of a subscriber or enrollee	7080
because of any health status-related factor in relation to the	7081
subscriber or enrollee, the subscriber's or enrollee's	7082
requirements for health care services, or for any other reason	7083
designated under rules adopted by the superintendent of insurance.	7084

(2) Unless otherwise required by state or federal law, no	7085
health insuring corporation, or health care facility or provider	7086
through which the health insuring corporation has made	7087
arrangements to provide health care services, shall discriminate	7088
against any individual with regard to enrollment, disenrollment,	7089
or the quality of health care services rendered, on the basis of	7090
the individual's race, color, sex, age, religion, military status	7091
as defined in section 4112.01 of the Revised Code, or status as a	7092
recipient of medicare or ~~medical assistance under Title XVIII or~~	7093
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	7094
~~301, as amended~~medicaid, or any health status-related factor in	7095
relation to the individual. However, a health insuring	7096
corporation shall not be required to accept a recipient of	7097
medicare or medical assistance, if an agreement has not been	7098
reached on appropriate payment mechanisms between the health	7099
insuring corporation and the governmental agency administering	7100
these programs. Further, except during a period of open	7101
enrollment under section 1751.15 of the Revised Code, a health	7102
insuring corporation may reject an applicant for nongroup	7103
enrollment on the basis of any health status-related factor in	7104
relation to the applicant.	7105

(B) A health insuring corporation may cancel or decide not to	7106
renew the coverage of an enrollee if the enrollee has performed an	7107
act or practice that constitutes fraud or intentional	7108
misrepresentation of material fact under the terms of the coverage	7109
and if the cancellation or nonrenewal is not based, either	7110
directly or indirectly, on any health status-related factor in	7111
relation to the enrollee.	7112

(C) An enrollee may appeal any action or decision of a health	7113
insuring corporation taken pursuant to section 2742(b) to (e) of	7114
the "Health Insurance Portability and Accountability Act of 1996,"	7115
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	7116
amended. To appeal, the enrollee may submit a written complaint	7117
to the health insuring corporation pursuant to section 1751.19 of	7118
the Revised Code. The enrollee may, within thirty days after	7119
receiving a written response from the health insuring corporation,	7120
appeal the health insuring corporation's action or decision to the	7121
superintendent.	7122

(D) As used in this section, "health status-related factor"	7123
means any of the following:	7124

(1) Health status;

7125

(2) Medical condition, including both physical and mental	7126
illnesses;	7127

(3) Claims experience;

7128

(4) Receipt of health care;

7129

(5) Medical history;

7130

(6) Genetic information;

7131

(7) Evidence of insurability, including conditions arising	7132
out of acts of domestic violence;	7133

(8) Disability.

7134

Sec. 1751.20. (A) No health insuring corporation, or agent,	7135
employee, or representative of a health insuring corporation,	7136
shall use any advertisement or solicitation document, or shall	7137
engage in any activity, that is unfair, untrue, misleading, or	7138
deceptive.	7139

(B) No health insuring corporation shall use a name that is	7140
deceptively similar to the name or description of any insurance or	7141
surety corporation doing business in this state.	7142

(C) All solicitation documents, advertisements, evidences of	7143
coverage, and enrollee identification cards used by a health	7144
insuring corporation shall contain the health insuring	7145
corporation's name. The use of a trade name, an insurance group	7146
designation, the name of a parent company, the name of a division	7147
of an affiliated insurance company, a service mark, a slogan, a	7148
symbol, or other device, without the name of the health insuring	7149
corporation as stated in its articles of incorporation, shall not	7150
satisfy this requirement if the usage would have the capacity and	7151
tendency to mislead or deceive persons as to the true identity of	7152
the health insuring corporation.	7153

(D) No solicitation document or advertisement used by a	7154
health insuring corporation shall contain any words, symbols, or	7155
physical materials that are so similar in content, phraseology,	7156
shape, color, or other characteristic to those used by an agency	7157
of the federal government or this state, that prospective	7158
enrollees may be led to believe that the solicitation document or	7159
advertisement is connected with an agency of the federal	7160
government or this state.	7161

(E) A health insuring corporation that provides basic health	7162
care services may use the phrase "health maintenance organization"	7163
or the abbreviation "HMO" in its marketing name, advertising,	7164
solicitation documents, or marketing literature, or in reference	7165
to the phrase "doing business as" or the abbreviation "DBA."	7166

(F) This section does not apply to the coverage of	7167
beneficiaries enrolled in ~~Title XVIII of the "Social Security~~	7168
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare	7169
pursuant to a medicare risk contract or medicare cost contract, or	7170
to the coverage of beneficiaries enrolled in the federal employee	7171
health benefits program pursuant to 5 U.S.C.A. 8905, or to the	7172
coverage of ~~beneficiaries enrolled in Title XIX of the "Social~~	7173
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	7174
~~known as the medical assistance program or~~ medicaid~~, provided by~~	7175
~~the Ohio department of job and family services under Chapter 5111.~~	7176
~~of the Revised Code~~recipients, or to the coverage of participants	7177
of the children's buy-in program, or to the coverage of	7178
beneficiaries under any federal health care program regulated by	7179
a federal regulatory body, or to the coverage of beneficiaries	7180
under any contract covering officers or employees of the state	7181
that has been entered into by the department of administrative	7182
services.	7183

Sec. 1751.31. (A) Any changes in a health insuring	7184
corporation's solicitation document shall be filed with the	7185
superintendent of insurance. The superintendent, within sixty days	7186
of filing, may disapprove any solicitation document or amendment	7187
to it on any of the grounds stated in this section. Such	7188
disapproval shall be effected by written notice to the health	7189
insuring corporation. The notice shall state the grounds for	7190
disapproval and shall be issued in accordance with Chapter 119. of	7191
the Revised Code.	7192

(B) The solicitation document shall contain all information	7193
necessary to enable a consumer to make an informed choice as to	7194
whether or not to enroll in the health insuring corporation. The	7195
information shall include a specific description of the health	7196
care services to be available and the approximate number and type	7197
of full-time equivalent medical practitioners. The information	7198
shall be presented in the solicitation document in a manner that	7199
is clear, concise, and intelligible to prospective applicants in	7200
the proposed service area.	7201

(C) Every potential applicant whose subscription to a health	7202
care plan is solicited shall receive, at or before the time of	7203
solicitation, a solicitation document approved by the	7204
superintendent.	7205

(D) Notwithstanding division (A) of this section, a health	7206
insuring corporation may use a solicitation document that the	7207
corporation uses in connection with policies for medicare	7208
beneficiaries ~~of Title XVIII of the "Social Security Act," 49~~	7209
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ pursuant to a	7210
medicare risk contract or medicare cost contract, or for policies	7211
for beneficiaries of the federal employees health benefits program	7212
pursuant to 5 U.S.C.A. 8905, or for policies for ~~beneficiaries of~~	7213
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	7214
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	7215
or medicaid~~, provided by the department of job and family services~~	7216
~~under Chapter 5111. of the Revised Code~~recipients, or for	7217
policies for beneficiaries of any other federal health care	7218
program regulated by a federal regulatory body, or for policies	7219
for participants of the children's buy-in program, or for policies	7220
for beneficiaries of contracts covering officers or employees of	7221
the state entered into by the department of administrative	7222
services, if both of the following apply:	7223

(1) The solicitation document has been approved by the United	7224
States department of health and human services, the United States	7225
office of personnel management, the department of job and family	7226
services, or the department of administrative services.	7227

(2) The solicitation document is filed with the	7228
superintendent of insurance prior to use and is accompanied by	7229
documentation of approval from the United States department of	7230
health and human services, the United States office of personnel	7231
management, the department of job and family services, or the	7232
department of administrative services.	7233

(E) No health insuring corporation, or its agents or	7234
representatives, shall use monetary or other valuable	7235
consideration, engage in misleading or deceptive practices, or	7236
make untrue, misleading, or deceptive representations to induce	7237
enrollment. Nothing in this division shall prohibit incentive	7238
forms of remuneration such as commission sales programs for the	7239
health insuring corporation's employees and agents.	7240

(F) Any person obligated for any part of a premium rate in	7241
connection with an enrollment agreement, in addition to any right	7242
otherwise available to revoke an offer, may cancel such agreement	7243
within seventy-two hours after having signed the agreement or	7244
offer to enroll. Cancellation occurs when written notice of the	7245
cancellation is given to the health insuring corporation or its	7246
agents or other representatives. A notice of cancellation mailed	7247
to the health insuring corporation shall be considered to have	7248
been filed on its postmark date.	7249

(G) Nothing in this section shall prohibit healthy lifestyle	7250
programs.	7251

Sec. 1751.34. (A) Each health insuring corporation and each	7252
applicant for a certificate of authority under this chapter shall	7253
be subject to examination by the superintendent of insurance in	7254
accordance with section 3901.07 of the Revised Code. Section	7255
3901.07 of the Revised Code shall govern every aspect of the	7256
examination, including the circumstances under and frequency with	7257
which it is conducted, the authority of the superintendent and any	7258
examiner or other person appointed by the superintendent, the	7259
liability for the assessment of expenses incurred in conducting	7260
the examination, and the remittance of the assessment to the	7261
superintendent's examination fund.	7262

(B) The director of health shall make an examination	7263
concerning the matters subject to the director's consideration in	7264
section 1751.04 of the Revised Code as often as the director	7265
considers it necessary for the protection of the interests of the	7266
people of this state, but not less frequently than once every	7267
three years. The expenses of such examinations shall be assessed	7268
against the health insuring corporation being examined in the	7269
manner in which expenses of examinations are assessed against an	7270
insurance company under section 3901.07 of the Revised Code.	7271
Nothing in this division requires the director to make an	7272
examination of aany of the following:	7273

(1) A health insuring corporation that covers solely medicaid	7274
recipients ~~of assistance under the medicaid program operated~~	7275
~~pursuant to Chapter 5111. of the Revised Code, a~~;	7276

(2) A health insuring corporation that covers solely	7277
~~recipients of assistance under the federal medicare program under~~	7278
~~Title XVIII of the "Social Security Act," 49 Stat. 62 (1935), 42~~	7279
~~U.S.C. 301, as amended, or a~~medicare beneficiaries;	7280

(3) A health insuring corporation that covers solely	7281
~~recipients of assistance under both the~~ medicaid recipients and	7282
medicare ~~programs~~beneficiaries;	7283

(4) A health insuring corporation that covers solely	7284
participants of the children's buy-in program;	7285

(5) A health insuring corporation that covers solely medicaid	7286
recipients and participants of the children's buy-in program;	7287

(6) A health insuring corporation that covers solely medicaid	7288
recipients, medicare beneficiaries, and participants of the	7289
children's buy-in program.	7290

(C) An examination, pursuant to section 3901.07 of the	7291
Revised Code, of an insurance company holding a certificate of	7292
authority under this chapter to organize and operate a health	7293
insuring corporation shall include an examination of the health	7294
insuring corporation pursuant to this section and the examination	7295
shall satisfy the requirements of divisions (A) and (B) of this	7296
section.	7297

(D) The superintendent may conduct market conduct	7298
examinations pursuant to section 3901.011 of the Revised Code of	7299
any health insuring corporation as often as the superintendent	7300
considers it necessary for the protection of the interests of	7301
subscribers and enrollees. The expenses of such market conduct	7302
examinations shall be assessed against the health insuring	7303
corporation being examined. All costs, assessments, or fines	7304
collected under this division shall be paid into the state	7305
treasury to the credit of the department of insurance operating	7306
fund.	7307

Sec. 1751.53. (A) As used in this section:

7308

(1) "Group contract" means a group health insuring	7309
corporation contract covering employees that meets either of the	7310
following conditions:	7311

(a) The contract was issued by an entity that, on ~~the~~	7312
~~effective date of this section~~June 4, 1997, holds a certificate	7313
of authority or license to operate under Chapter 1738. or 1742. of	7314
the Revised Code, and covers an employee at the time the	7315
employee's employment is terminated.	7316

(b) The contract is delivered, issued for delivery, or	7317
renewed in this state after ~~the effective date of this section~~	7318
June 4, 1997, and covers an employee at the time the employee's	7319
employment is terminated.	7320

(2) "Eligible employee" means an employee to whom all of the	7321
following apply:	7322

(a) The employee has been continuously covered under a group	7323
contract or under the contract and any prior similar group	7324
coverage replaced by the contract, during the entire three-month	7325
period preceding the termination of the employee's employment.	7326

(b) The employee is entitled, at the time of the termination	7327
of this employment, to unemployment compensation benefits under	7328
Chapter 4141. of the Revised Code.	7329

(c) The employee is not, and does not become, covered by or	7330
eligible for coverage by medicare ~~under Title XVIII of the "Social~~	7331
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~.	7332

(d) The employee is not, and does not become, covered by or	7333
eligible for coverage by any other insured or uninsured	7334
arrangement that provides hospital, surgical, or medical coverage	7335
for individuals in a group and under which the employee was not	7336
covered immediately prior to the termination of employment. A	7337
person eligible for continuation of coverage under this section,	7338
who is also eligible for coverage under section 3923.123 of the	7339
Revised Code, may elect either coverage, but not both. A person	7340
who elects continuation of coverage may elect any coverage	7341
available under section 3923.123 of the Revised Code upon the	7342
termination of the continuation of coverage.	7343

(B) A group contract shall provide that any eligible employee	7344
may continue the coverage under the contract, for the employee and	7345
the employee's eligible dependents, for a period of six months	7346
after the date that the group coverage would otherwise terminate	7347
by reason of the termination of the employee's employment. Each	7348
certificate of coverage issued to employees under the contract	7349
shall include a notice of the employee's privilege of	7350
continuation.	7351

(C) All of the following apply to the continuation of group	7352
coverage required under division (B) of this section:	7353

(1) Continuation need not include any supplemental health	7354
care services benefits or specialty health care services benefits	7355
provided by the group contract.	7356

(2) The employer shall notify the employee of the right of	7357
continuation at the time the employer notifies the employee of the	7358
termination of employment. The notice shall inform the employee of	7359
the amount of contribution required by the employer under division	7360
(C)(4) of this section.	7361

(3) The employee shall file a written election of	7362
continuation with the employer and pay the employer the first	7363
contribution required under division (C)(4) of this section. The	7364
request and payment must be received by the employer no later than	7365
the earlier of any of the following dates:	7366

(a) Thirty-one days after the date on which the employee's	7367
coverage would otherwise terminate;	7368

(b) Ten days after the date on which the employee's coverage	7369
would otherwise terminate, if the employer has notified the	7370
employee of the right of continuation prior to this date;	7371

(c) Ten days after the employer notifies the employee of the	7372
right of continuation, if the notice is given after the date on	7373
which the employee's coverage would otherwise terminate.	7374

(4) The employee must pay to the employer, on a monthly	7375
basis, in advance, the amount of contribution required by the	7376
employer. The amount required shall not exceed the group rate for	7377
the insurance being continued under the policy on the due date of	7378
each payment.	7379

(5) The employee's privilege to continue coverage and the	7380
coverage under any continuation ceases if any of the following	7381
occurs:	7382

(a) The employee ceases to be an eligible employee under	7383
division (A)(2)(c) or (d) of this section;	7384

(b) A period of six months expires after the date that the	7385
employee's coverage under the group contract would otherwise have	7386
terminated because of the termination of employment;	7387

(c) The employee fails to make a timely payment of a required	7388
contribution, in which event the coverage shall cease at the end	7389
of the coverage for which contributions were made;	7390

(d) The group contract is terminated, or the employer	7391
terminates participation under the contract, unless the employer	7392
replaces the coverage by similar coverage under another contract	7393
or other group health arrangement. If the employer replaces the	7394
contract with similar group health coverage, all of the following	7395
apply:	7396

(i) The member shall be covered under the replacement	7397
coverage, for the balance of the period that the member would have	7398
remained covered under the terminated coverage if it had not been	7399
terminated.	7400

(ii) The minimum level of benefits under the replacement	7401
coverage shall be the applicable level of benefits of the contract	7402
replaced reduced by any benefits payable under the contract	7403
replaced.	7404

(iii) The contract replaced shall continue to provide	7405
benefits to the extent of its accrued liabilities and extensions	7406
of benefits as if the replacement had not occurred.	7407

(D) This section does not apply to any group contract	7408
offering only supplemental health care services or specialty	7409
health care services.	7410

Sec. 1751.60. (A) Except as provided for in divisions (E)	7411
and (F) of this section, every provider or health care facility	7412
that contracts with a health insuring corporation to provide	7413
health care services to the health insuring corporation's	7414
enrollees or subscribers shall seek compensation for covered	7415
services solely from the health insuring corporation and not,	7416
under any circumstances, from the enrollees or subscribers, except	7417
for approved copayments and deductibles.	7418

(B) No subscriber or enrollee of a health insuring	7419
corporation is liable to any contracting provider or health care	7420
facility for the cost of any covered health care services, if the	7421
subscriber or enrollee has acted in accordance with the evidence	7422
of coverage.	7423

(C) Except as provided for in divisions (E) and (F) of this	7424
section, every contract between a health insuring corporation and	7425
provider or health care facility shall contain a provision	7426
approved by the superintendent of insurance requiring the provider	7427
or health care facility to seek compensation solely from the	7428
health insuring corporation and not, under any circumstances, from	7429
the subscriber or enrollee, except for approved copayments and	7430
deductibles.	7431

(D) Nothing in this section shall be construed as preventing	7432
a provider or health care facility from billing the enrollee or	7433
subscriber of a health insuring corporation for noncovered	7434
services.	7435

(E) Upon application by a health insuring corporation and a	7436
provider or health care facility, the superintendent may waive the	7437
requirements of divisions (A) and (C) of this section when, in	7438
addition to the reserve requirements contained in section 1751.28	7439
of the Revised Code, the health insuring corporation provides	7440
sufficient assurances to the superintendent that the provider or	7441
health care facility has been provided with financial guarantees.	7442
No waiver of the requirements of divisions (A) and (C) of this	7443
section is effective as to enrollees or subscribers for whom the	7444
health insuring corporation is compensated under a provider	7445
agreement or risk contract entered into pursuant to Chapter 5111.	7446
or 5115. of the Revised Code or under the children's buy-in	7447
program.	7448

(F) The requirements of divisions (A) to (C) of this section	7449
apply only to health care services provided to an enrollee or	7450
subscriber prior to the effective date of a termination of a	7451
contract between the health insuring corporation and the provider	7452
or health care facility.	7453

Sec. 1751.89. Sections 1751.77 to 1751.85 of the Revised	7454
Code do not apply to either of the following:	7455

(A) Coverage provided to beneficiaries enrolled in the	7456
medicare~~...~~+choice program operated under Title XVIII of the	7457
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	7458
amended;	7459

(B) Coverage provided to medicaid recipients ~~of assistance~~	7460
~~under the medicaid program operated pursuant to Chapter 5111. of~~	7461
~~the Revised Code~~;	7462

(C) Coverage provided to participants of the children's	7463
buy-in program.	7464

Sec. 2743.49. (A)(1) In January of each odd-numbered year,	7465
the auditor of state, in accordance with this division and	7466
division (A)(2) of this section, shall adjust the actual dollar	7467
figure specified in division (E)(2)(b) of section 2743.48 of the	7468
Revised Code or the actual dollar amount determined pursuant to	7469
this section. The adjustment shall be based on the yearly average	7470
of the previous two years of the consumer price index for all	7471
urban consumers or its successive equivalent, as determined by the	7472
United States department of labor, bureau of labor statistics, or	7473
its successor in responsibility, for all items, Series A. ~~The~~	7474
~~auditor of state shall calculate the adjustment in the following~~	7475
~~manner:~~	7476

~~(a) First, using the yearly average for the immediately~~	7477
~~preceding odd-numbered year as the base year, the auditor of state~~	7478
~~shall compare the most current average consumer price index with~~	7479
~~that determined in the even-numbered year immediately preceding~~	7480
~~that odd-numbered year and shall determine the percentage increase~~	7481
~~or decrease. The auditor of state shall multiply the percentage~~	7482
~~increase or decrease by the actual dollar figure specified in~~	7483
~~division (E)(2)(b) of section 2743.48 of the Revised Code or the~~	7484
~~actual dollar figure determined for the previous odd-numbered year~~	7485
~~under this section and shall add the product to or subtract the~~	7486
~~product from its corresponding actual dollar figure, as~~	7487
~~applicable, for the previous odd-numbered year.~~	7488

~~(b) Second, using~~Using the yearly average for the	7489
immediately preceding even-numbered year as the base year, the	7490
auditor of state shall compare the most current average consumer	7491
price index with that determined in the preceding odd-numbered	7492
year ~~immediately preceding that even-numbered year~~ and shall	7493
determine the percentage increase or decrease. The auditor of	7494
state shall multiply the percentage increase or decrease by the	7495
actual dollar figure specified in division (E)(2)(b) of section	7496
2743.48 of the Revised Code or the actual dollar figure determined	7497
under ~~division (A)(1)(a) of~~ this section for the previous	7498
~~even-numbered~~odd-numbered year and shall add the product to or	7499
subtract the product from its corresponding actual dollar figure,	7500
as applicable, for the previous odd-numbered year. ~~The resulting~~	7501
~~figure is the adjusted dollar amount determined under this section~~	7502
~~for purposes of this section and section 2743.48 of the Revised~~	7503
~~Code.~~	7504

(2) The auditor of state shall calculate the adjustment under	7505
division (A)(1) of this section on or before the thirty-first day	7506
of January of each odd-numbered year. The auditor of state shall	7507
base the adjustment on the most current consumer price index that	7508
is described in division (A)(1) of this section and that is in	7509
effect as of the first day of January of each odd-numbered year.	7510

(B)(1) The auditor of state shall certify the calculations	7511
made under division (A) of this section on or before the	7512
thirty-first day of January of each odd-numbered year.	7513

(2) On or before the fifteenth day of February of each	7514
odd-numbered year, the auditor of state shall prepare a report	7515
setting forth the amount that a wrongfully imprisoned individual	7516
is entitled to for each full year of imprisonment in the state	7517
correctional institution for the offense of which the wrongfully	7518
imprisoned individual was found guilty as provided in division	7519
(E)(2)(b) of section ~~2743.49~~2743.48 of the Revised Code and as	7520
calculated in accordance with this section. The report and all	7521
documents relating to the calculations contained in the report are	7522
public records. The report shall contain an indication of the	7523
period in which the calculated amount applies, a summary of how	7524
the amount was calculated, and a statement that the report and all	7525
related documents are available for inspection and copying at the	7526
office of the auditor of state.	7527

(3) On or before the fifteenth day of February of each	7528
odd-numbered year, the auditor of state shall transmit the report	7529
to the general assembly and to the court of claims.	7530

Sec. 2744.05. Notwithstanding any other provisions of the	7531
Revised Code or rules of a court to the contrary, in an action	7532
against a political subdivision to recover damages for injury,	7533
death, or loss to person or property caused by an act or omission	7534
in connection with a governmental or proprietary function:	7535

(A) Punitive or exemplary damages shall not be awarded.

7536

(B)(1) If a claimant receives or is entitled to receive	7537
benefits for injuries or loss allegedly incurred from a policy or	7538
policies of insurance or any other source, the benefits shall be	7539
disclosed to the court, and the amount of the benefits shall be	7540
deducted from any award against a political subdivision recovered	7541
by that claimant. No insurer or other person is entitled to bring	7542
an action under a subrogation provision in an insurance or other	7543
contract against a political subdivision with respect to those	7544
benefits.	7545

The amount of the benefits shall be deducted from an award	7546
against a political subdivision under division (B)(1) of this	7547
section regardless of whether the claimant may be under an	7548
obligation to pay back the benefits upon recovery, in whole or in	7549
part, for the claim. A claimant whose benefits have been deducted	7550
from an award under division (B)(1) of this section is not	7551
considered fully compensated and shall not be required to	7552
reimburse a subrogated claim for benefits deducted from an award	7553
pursuant to division (B)(1) of this section.	7554

(2) Nothing in division (B)(1) of this section shall be	7555
construed to do either of the following:	7556

(a) Limit the rights of a beneficiary under a life insurance	7557
policy or the rights of sureties under fidelity or surety bonds;	7558

(b) Prohibit the department of job and family services from	7559
recovering from the political subdivision, pursuant to section	7560
5101.58 of the Revised Code, the cost of medical assistance	7561
benefits provided under sections 5101.5211 to 5101.5216 or Chapter	7562
5107., 5111., or 5115. of the Revised Code.	7563

(C)(1) There shall not be any limitation on compensatory	7564
damages that represent the actual loss of the person who is	7565
awarded the damages. However, except in wrongful death actions	7566
brought pursuant to Chapter 2125. of the Revised Code, damages	7567
that arise from the same cause of action, transaction or	7568
occurrence, or series of transactions or occurrences and that do	7569
not represent the actual loss of the person who is awarded the	7570
damages shall not exceed two hundred fifty thousand dollars in	7571
favor of any one person. The limitation on damages that do not	7572
represent the actual loss of the person who is awarded the damages	7573
provided in this division does not apply to court costs that are	7574
awarded to a plaintiff, or to interest on a judgment rendered in	7575
favor of a plaintiff, in an action against a political	7576
subdivision.	7577

(2) As used in this division, "the actual loss of the person	7578
who is awarded the damages" includes all of the following:	7579

(a) All wages, salaries, or other compensation lost by the	7580
person injured as a result of the injury, including wages,	7581
salaries, or other compensation lost as of the date of a judgment	7582
and future expected lost earnings of the person injured;	7583

(b) All expenditures of the person injured or another person	7584
on behalf of the person injured for medical care or treatment, for	7585
rehabilitation services, or for other care, treatment, services,	7586
products, or accommodations that were necessary because of the	7587
injury;	7588

(c) All expenditures to be incurred in the future, as	7589
determined by the court, by the person injured or another person	7590
on behalf of the person injured for medical care or treatment, for	7591
rehabilitation services, or for other care, treatment, services,	7592
products, or accommodations that will be necessary because of the	7593
injury;	7594

(d) All expenditures of a person whose property was injured	7595
or destroyed or of another person on behalf of the person whose	7596
property was injured or destroyed in order to repair or replace	7597
the property that was injured or destroyed;	7598

(e) All expenditures of the person injured or of the person	7599
whose property was injured or destroyed or of another person on	7600
behalf of the person injured or of the person whose property was	7601
injured or destroyed in relation to the actual preparation or	7602
presentation of the claim involved;	7603

(f) Any other expenditures of the person injured or of the	7604
person whose property was injured or destroyed or of another	7605
person on behalf of the person injured or of the person whose	7606
property was injured or destroyed that the court determines	7607
represent an actual loss experienced because of the personal or	7608
property injury or property loss.	7609

"The actual loss of the person who is awarded the damages"	7610
does not include any fees paid or owed to an attorney for any	7611
services rendered in relation to a personal or property injury or	7612
property loss, and does not include any damages awarded for pain	7613
and suffering, for the loss of society, consortium, companionship,	7614
care, assistance, attention, protection, advice, guidance,	7615
counsel, instruction, training, or education of the person	7616
injured, for mental anguish, or for any other intangible loss.	7617

Sec. 2903.12. (A) No person, while under the influence of	7618
sudden passion or in a sudden fit of rage, either of which is	7619
brought on by serious provocation occasioned by the victim that is	7620
reasonably sufficient to incite the person into using deadly	7621
force, shall knowingly:	7622

(1) Cause serious physical harm to another or to another's	7623
unborn;	7624

(2) Cause or attempt to cause physical harm to another or to	7625
another's unborn by means of a deadly weapon or dangerous	7626
ordnance, as defined in section 2923.11 of the Revised Code.	7627

(B) Whoever violates this section is guilty of aggravated	7628
assault, a felony of the fourth degree. If the victim of the	7629
offense is a peace officer, an arson investigator, or an	7630
investigator of the bureau of criminal identification and	7631
investigation, aggravated assault is a felony of the third degree.	7632
If the victim of the offense is a peace officer, an arson	7633
investigator, or an investigator of the bureau of criminal	7634
identification and investigation, and if the victim suffered	7635
serious physical harm as a result of the commission of the	7636
offense, aggravated assault is a felony of the third degree, and	7637
the court, pursuant to division (F) of section 2929.13 of the	7638
Revised Code, shall impose as a mandatory prison term one of the	7639
prison terms prescribed for a felony of the third degree.	7640

7641

(1) "Investigator of the bureau of criminal identification	7642
and investigation" has the same meaning as in section 2903.11 of	7643
the Revised Code.	7644

(2) "Peace officer" has the same meaning as in section	7645
2935.01 of the Revised Code.	7646

Sec. 2903.213. (A) Except when the complaint involves a	7647
person who is a family or household member as defined in section	7648
2919.25 of the Revised Code, upon the filing of a complaint that	7649
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7650
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7651
a municipal ordinance substantially similar to section 2903.13,	7652
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7653
the commission of a sexually oriented offense, the complainant,	7654
the alleged victim, or a family or household member of an alleged	7655
victim may file a motion that requests the issuance of a	7656
protection order as a pretrial condition of release of the alleged	7657
offender, in addition to any bail set under Criminal Rule 46. The	7658
motion shall be filed with the clerk of the court that has	7659
jurisdiction of the case at any time after the filing of the	7660
complaint. If the complaint involves a person who is a family or	7661
household member, the complainant, the alleged victim, or the	7662
family or household member may file a motion for a temporary	7663
protection order pursuant to section 2919.26 of the Revised Code.	7664

(B) A motion for a protection order under this section shall	7665
be prepared on a form that is provided by the clerk of the court,	7666
and the form shall be substantially as follows:	7667

"Motion for Protection Order	7668

............................	7669

Name and address of court	7670

State of Ohio	7671

No. ..........

7672

.............................	7673

Name of Defendant	7674

(Name of person), moves the court to issue a protection order	7675
containing terms designed to ensure the safety and protection of	7676
the complainant or the alleged victim in the above-captioned case,	7677
in relation to the named defendant, pursuant to its authority to	7678
issue a protection order under section 2903.213 of the Revised	7679
Code.	7680

A complaint, a copy of which has been attached to this	7681
motion, has been filed in this court charging the named defendant	7682
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7683
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7684
a municipal ordinance substantially similar to section 2903.13,	7685
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7686
the commission of a sexually oriented offense.	7687

I understand that I must appear before the court, at a time	7688
set by the court not later than the next day that the court is in	7689
session after the filing of this motion, for a hearing on the	7690
motion, and that any protection order granted pursuant to this	7691
motion is a pretrial condition of release and is effective only	7692
until the disposition of the criminal proceeding arising out of	7693
the attached complaint or until the issuance under section	7694
2903.214 of the Revised Code of a protection order arising out of	7695
the same activities as those that were the basis of the attached	7696
complaint.	7697

.....................................	7698

Signature of person	7699

.....................................	7700

Address of person"	7701

(C)(1) As soon as possible after the filing of a motion that	7702
requests the issuance of a protection order under this section,	7703
but not later than the next day that the court is in session after	7704
the filing of the motion, the court shall conduct a hearing to	7705
determine whether to issue the order. The person who requested the	7706
order shall appear before the court and provide the court with the	7707
information that it requests concerning the basis of the motion.	7708
If the court finds that the safety and protection of the	7709
complainant or the alleged victim may be impaired by the continued	7710
presence of the alleged offender, the court may issue a protection	7711
order under this section, as a pretrial condition of release, that	7712
contains terms designed to ensure the safety and protection of the	7713
complainant or the alleged victim, including a requirement that	7714
the alleged offender refrain from entering the residence, school,	7715
business, or place of employment of the complainant or the alleged	7716
victim.	7717

(2)(a) If the court issues a protection order under this	7718
section that includes a requirement that the alleged offender	7719
refrain from entering the residence, school, business, or place of	7720
employment of the complainant or the alleged victim, the order	7721
shall clearly state that the order cannot be waived or nullified	7722
by an invitation to the alleged offender from the complainant, the	7723
alleged victim, or a family or household member to enter the	7724
residence, school, business, or place of employment or by the	7725
alleged offender's entry into one of those places otherwise upon	7726
the consent of the complainant, the alleged victim, or a family or	7727
household member.	7728

(b) Division (C)(2)(a) of this section does not limit any	7729
discretion of a court to determine that an alleged offender	7730
charged with a violation of section 2919.27 of the Revised Code,	7731
with a violation of a municipal ordinance substantially equivalent	7732
to that section, or with contempt of court, which charge is based	7733
on an alleged violation of a protection order issued under this	7734
section, did not commit the violation or was not in contempt of	7735
court.	7736

(D)(1) Except when the complaint involves a person who is a	7737
family or household member as defined in section 2919.25 of the	7738
Revised Code, upon the filing of a complaint that alleges a	7739
violation specified in division (A) of this section, the court,	7740
upon its own motion, may issue a protection order under this	7741
section as a pretrial condition of release of the alleged offender	7742
if it finds that the safety and protection of the complainant or	7743
the alleged victim may be impaired by the continued presence of	7744
the alleged offender.	7745

(2) If the court issues a protection order under this section	7746
as an ex parte order, it shall conduct, as soon as possible after	7747
the issuance of the order but not later than the next day that the	7748
court is in session after its issuance, a hearing to determine	7749
whether the order should remain in effect, be modified, or be	7750
revoked. The hearing shall be conducted under the standards set	7751
forth in division (C) of this section.	7752

(3) If a municipal court or a county court issues a	7753
protection order under this section and if, subsequent to the	7754
issuance of the order, the alleged offender who is the subject of	7755
the order is bound over to the court of common pleas for	7756
prosecution of a felony arising out of the same activities as	7757
those that were the basis of the complaint upon which the order is	7758
based, notwithstanding the fact that the order was issued by a	7759
municipal court or county court, the order shall remain in effect,	7760
as though it were an order of the court of common pleas, while the	7761
charges against the alleged offender are pending in the court of	7762
common pleas, for the period of time described in division (E)(2)	7763
of this section, and the court of common pleas has exclusive	7764
jurisdiction to modify the order issued by the municipal court or	7765
county court. This division applies when the alleged offender is	7766
bound over to the court of common pleas as a result of the person	7767
waiving a preliminary hearing on the felony charge, as a result of	7768
the municipal court or county court having determined at a	7769
preliminary hearing that there is probable cause to believe that	7770
the felony has been committed and that the alleged offender	7771
committed it, as a result of the alleged offender having been	7772
indicted for the felony, or in any other manner.	7773

(E) A protection order that is issued as a pretrial condition	7774
of release under this section:	7775

(1) Is in addition to, but shall not be construed as a part	7776
of, any bail set under Criminal Rule 46;	7777

(2) Is effective only until the disposition, by the court	7778
that issued the order or, in the circumstances described in	7779
division (D)(3) of this section, by the court of common pleas to	7780
which the alleged offender is bound over for prosecution, of the	7781
criminal proceeding arising out of the complaint upon which the	7782
order is based or until the issuance under section 2903.214 of the	7783
Revised Code of a protection order arising out of the same	7784
activities as those that were the basis of the complaint filed	7785
under this section;	7786

(3) Shall not be construed as a finding that the alleged	7787
offender committed the alleged offense and shall not be introduced	7788
as evidence of the commission of the offense at the trial of the	7789
alleged offender on the complaint upon which the order is based.	7790

(F) A person who meets the criteria for bail under Criminal	7791
Rule 46 and who, if required to do so pursuant to that rule,	7792
executes or posts bond or deposits cash or securities as bail,	7793
shall not be held in custody pending a hearing before the court on	7794
a motion requesting a protection order under this section.	7795

(G)(1) A copy of a protection order that is issued under this	7796
section shall be issued by the court to the complainant, to the	7797
alleged victim, to the person who requested the order, to the	7798
defendant, and to all law enforcement agencies that have	7799
jurisdiction to enforce the order. The court shall direct that a	7800
copy of the order be delivered to the defendant on the same day	7801
that the order is entered. If a municipal court or a county court	7802
issues a protection order under this section and if, subsequent to	7803
the issuance of the order, the defendant who is the subject of the	7804
order is bound over to the court of common pleas for prosecution	7805
as described in division (D)(3) of this section, the municipal	7806
court or county court shall direct that a copy of the order be	7807
delivered to the court of common pleas to which the defendant is	7808
bound over.	7809

(2) Upon the issuance of a protection order under this	7810
section, the court shall provide the parties to the order with the	7811
following notice orally or by form:	7812

"NOTICE	7813

If you are convicted of a misdemeanor crime involving	7814
violence in which you are or were a spouse, intimate partner,	7815
parent, or guardian of the victim or are or were involved in	7816
another, similar relationship with the victim, it may be unlawful	7817
for you to possess or purchase a firearm, including a rifle,	7818
pistol, or revolver, or ammunition pursuant to federal law under	7819
18 U.S.C. 922(g)(9). If you have any questions whether this law	7820
makes it illegal for you to possess or purchase a firearm or	7821
ammunition, you should consult an attorney."	7822

(3) All law enforcement agencies shall establish and maintain	7823
an index for the protection orders delivered to the agencies	7824
pursuant to division (G)(1) of this section. With respect to each	7825
order delivered, each agency shall note on the index the date and	7826
time of the agency's receipt of the order.	7827

~~(3)~~(4) Regardless of whether the petitioner has registered	7828
the protection order in the county in which the officer's agency	7829
has jurisdiction, any officer of a law enforcement agency shall	7830
enforce a protection order issued pursuant to this section in	7831
accordance with the provisions of the order.	7832

(H) Upon a violation of a protection order issued pursuant to	7833
this section, the court may issue another protection order under	7834
this section, as a pretrial condition of release, that modifies	7835
the terms of the order that was violated.	7836

(I) Notwithstanding any provision of law to the contrary and	7837
regardless of whether a protection order is issued or a consent	7838
agreement is approved by a court of another county or by a court	7839
of another state, no court or unit of state or local government	7840
shall charge any fee, cost, deposit, or money in connection with	7841
the filing of a motion pursuant to this section, in connection	7842
with the filing, issuance, registration, or service of a	7843
protection order or consent agreement, or for obtaining certified	7844
copies of a protection order or consent agreement.	7845

(J) As used in this section, "sexually oriented offense" has	7846
the same meaning as in section 2950.01 of the Revised Code.	7847

Sec. 2903.214. (A) As used in this section:

7848

(1) "Court" means the court of common pleas of the county in	7849
which the person to be protected by the protection order resides.	7850

(2) "Victim advocate" means a person who provides support and	7851
assistance for a person who files a petition under this section.	7852

(3) "Family or household member" has the same meaning as in	7853
section 3113.31 of the Revised Code.	7854

(4) "Protection order issued by a court of another state" has	7855
the same meaning as in section 2919.27 of the Revised Code.	7856

(5) "Sexually oriented offense" has the same meaning as in	7857
section 2950.01 of the Revised Code.	7858

(B) The court has jurisdiction over all proceedings under	7859
this section.	7860

(C) A person may seek relief under this section for the	7861
person, or any parent or adult household member may seek relief	7862
under this section on behalf of any other family or household	7863
member, by filing a petition with the court. The petition shall	7864
contain or state both of the following:	7865

(1) An allegation that the respondent engaged in a violation	7866
of section 2903.211 of the Revised Code against the person to be	7867
protected by the protection order or committed a sexually oriented	7868
offense against the person to be protected by the protection	7869
order, including a description of the nature and extent of the	7870
violation;	7871

(2) A request for relief under this section.

7872

(D)(1) If a person who files a petition pursuant to this	7873
section requests an ex parte order, the court shall hold an ex	7874
parte hearing as soon as possible after the petition is filed, but	7875
not later than the next day that the court is in session after the	7876
petition is filed. The court, for good cause shown at the ex	7877
parte hearing, may enter any temporary orders, with or without	7878
bond, that the court finds necessary for the safety and protection	7879
of the person to be protected by the order. Immediate and present	7880
danger to the person to be protected by the protection order	7881
constitutes good cause for purposes of this section. Immediate and	7882
present danger includes, but is not limited to, situations in	7883
which the respondent has threatened the person to be protected by	7884
the protection order with bodily harm or in which the respondent	7885
previously has been convicted of or pleaded guilty to a violation	7886
of section 2903.211 of the Revised Code or a sexually oriented	7887
offense against the person to be protected by the protection	7888
order.	7889

(2)(a) If the court, after an ex parte hearing, issues a	7890
protection order described in division (E) of this section, the	7891
court shall schedule a full hearing for a date that is within ten	7892
court days after the ex parte hearing. The court shall give the	7893
respondent notice of, and an opportunity to be heard at, the full	7894
hearing. The court shall hold the full hearing on the date	7895
scheduled under this division unless the court grants a	7896
continuance of the hearing in accordance with this division. Under	7897
any of the following circumstances or for any of the following	7898
reasons, the court may grant a continuance of the full hearing to	7899
a reasonable time determined by the court:	7900

(i) Prior to the date scheduled for the full hearing under	7901
this division, the respondent has not been served with the	7902
petition filed pursuant to this section and notice of the full	7903
hearing.	7904

(ii) The parties consent to the continuance.

7905

(iii) The continuance is needed to allow a party to obtain	7906
counsel.	7907

(iv) The continuance is needed for other good cause.

7908

(b) An ex parte order issued under this section does not	7909
expire because of a failure to serve notice of the full hearing	7910
upon the respondent before the date set for the full hearing under	7911
division (D)(2)(a) of this section or because the court grants a	7912
continuance under that division.	7913

(3) If a person who files a petition pursuant to this section	7914
does not request an ex parte order, or if a person requests an ex	7915
parte order but the court does not issue an ex parte order after	7916
an ex parte hearing, the court shall proceed as in a normal civil	7917
action and grant a full hearing on the matter.	7918

(E)(1) After an ex parte or full hearing, the court may issue	7919
any protection order, with or without bond, that contains terms	7920
designed to ensure the safety and protection of the person to be	7921
protected by the protection order, including, but not limited to,	7922
a requirement that the respondent refrain from entering the	7923
residence, school, business, or place of employment of the	7924
petitioner or family or household member. If the court includes a	7925
requirement that the respondent refrain from entering the	7926
residence, school, business, or place of employment of the	7927
petitioner or family or household member in the order, it also	7928
shall include in the order provisions of the type described in	7929
division (E)(5) of this section.	7930

(2)(a) Any protection order issued pursuant to this section	7931
shall be valid until a date certain but not later than five years	7932
from the date of its issuance.	7933

(b) Any protection order issued pursuant to this section may	7934
be renewed in the same manner as the original order was issued.	7935

(3) A court may not issue a protection order that requires a	7936
petitioner to do or to refrain from doing an act that the court	7937
may require a respondent to do or to refrain from doing under	7938
division (E)(1) of this section unless all of the following apply:	7939

(a) The respondent files a separate petition for a protection	7940
order in accordance with this section.	7941

(b) The petitioner is served with notice of the respondent's	7942
petition at least forty-eight hours before the court holds a	7943
hearing with respect to the respondent's petition, or the	7944
petitioner waives the right to receive this notice.	7945

(c) If the petitioner has requested an ex parte order	7946
pursuant to division (D) of this section, the court does not delay	7947
any hearing required by that division beyond the time specified in	7948
that division in order to consolidate the hearing with a hearing	7949
on the petition filed by the respondent.	7950

(d) After a full hearing at which the respondent presents	7951
evidence in support of the request for a protection order and the	7952
petitioner is afforded an opportunity to defend against that	7953
evidence, the court determines that the petitioner has committed a	7954
violation of section 2903.211 of the Revised Code against the	7955
person to be protected by the protection order issued pursuant to	7956
this section, has committed a sexually oriented offense against	7957
the person to be protected by the protection order, or has	7958
violated a protection order issued pursuant to section 2903.213 of	7959
the Revised Code relative to the person to be protected by the	7960
protection order issued pursuant to this section.	7961

(4) No protection order issued pursuant to this section shall	7962
in any manner affect title to any real property.	7963

(5)(a) If the court issues a protection order under this	7964
section that includes a requirement that the alleged offender	7965
refrain from entering the residence, school, business, or place of	7966
employment of the petitioner or a family or household member, the	7967
order shall clearly state that the order cannot be waived or	7968
nullified by an invitation to the alleged offender from the	7969
complainant to enter the residence, school, business, or place of	7970
employment or by the alleged offender's entry into one of those	7971
places otherwise upon the consent of the petitioner or family or	7972
household member.	7973

(b) Division (E)(5)(a) of this section does not limit any	7974
discretion of a court to determine that an alleged offender	7975
charged with a violation of section 2919.27 of the Revised Code,	7976
with a violation of a municipal ordinance substantially equivalent	7977
to that section, or with contempt of court, which charge is based	7978
on an alleged violation of a protection order issued under this	7979
section, did not commit the violation or was not in contempt of	7980
court.	7981

(F)(1) The court shall cause the delivery of a copy of any	7982
protection order that is issued under this section to the	7983
petitioner, to the respondent, and to all law enforcement agencies	7984
that have jurisdiction to enforce the order. The court shall	7985
direct that a copy of the order be delivered to the respondent on	7986
the same day that the order is entered.	7987

(2) Upon the issuance of a protection order under this	7988
section, the court shall provide the parties to the order with the	7989
following notice orally or by form:	7990

"NOTICE	7991

As a result of this order, it may be unlawful for you to	7992
possess or purchase a firearm, including a rifle, pistol, or	7993
revolver, or ammunition pursuant to federal law under 18 U.S.C.	7994
922(g)(8). If you have any questions whether this law makes it	7995
illegal for you to possess or purchase a firearm or ammunition,	7996
you should consult an attorney."	7997

(3) All law enforcement agencies shall establish and maintain	7998
an index for the protection orders delivered to the agencies	7999
pursuant to division (F)(1) of this section. With respect to each	8000
order delivered, each agency shall note on the index the date and	8001
time that it received the order.	8002

~~(3)~~(4) Regardless of whether the petitioner has registered	8003
the protection order in the county in which the officer's agency	8004
has jurisdiction pursuant to division (M) of this section, any	8005
officer of a law enforcement agency shall enforce a protection	8006
order issued pursuant to this section by any court in this state	8007
in accordance with the provisions of the order, including removing	8008
the respondent from the premises, if appropriate.	8009

(G) Any proceeding under this section shall be conducted in	8010
accordance with the Rules of Civil Procedure, except that a	8011
protection order may be obtained under this section with or	8012
without bond. An order issued under this section, other than an	8013
ex parte order, that grants a protection order, or that refuses to	8014
grant a protection order, is a final, appealable order. The	8015
remedies and procedures provided in this section are in addition	8016
to, and not in lieu of, any other available civil or criminal	8017
remedies.	8018

(H) The filing of proceedings under this section does not	8019
excuse a person from filing any report or giving any notice	8020
required by section 2151.421 of the Revised Code or by any other	8021
law.	8022

(I) Any law enforcement agency that investigates an alleged	8023
violation of section 2903.211 of the Revised Code or an alleged	8024
commission of a sexually oriented offense shall provide	8025
information to the victim and the family or household members of	8026
the victim regarding the relief available under this section and	8027
section 2903.213 of the Revised Code.	8028

(J) Notwithstanding any provision of law to the contrary and	8029
regardless of whether a protection order is issued or a consent	8030
agreement is approved by a court of another county or by a court	8031
of another state, no court or unit of state or local government	8032
shall charge any fee, cost, deposit, or money in connection with	8033
the filing of a petition pursuant to this section, in connection	8034
with the filing, issuance, registration, or service of a	8035
protection order or consent agreement, or for obtaining a	8036
certified copy of a protection order or consent agreement.	8037

(K)(1) A person who violates a protection order issued under	8038
this section is subject to the following sanctions:	8039

(a) Criminal prosecution for a violation of section 2919.27	8040
of the Revised Code, if the violation of the protection order	8041
constitutes a violation of that section;	8042

(b) Punishment for contempt of court.

8043

(2) The punishment of a person for contempt of court for	8044
violation of a protection order issued under this section does not	8045
bar criminal prosecution of the person for a violation of section	8046
2919.27 of the Revised Code. However, a person punished for	8047
contempt of court is entitled to credit for the punishment imposed	8048
upon conviction of a violation of that section, and a person	8049
convicted of a violation of that section shall not subsequently be	8050
punished for contempt of court arising out of the same activity.	8051

(L) In all stages of a proceeding under this section, a	8052
petitioner may be accompanied by a victim advocate.	8053

(M)(1) A petitioner who obtains a protection order under this	8054
section or a protection order under section 2903.213 of the	8055
Revised Code may provide notice of the issuance or approval of the	8056
order to the judicial and law enforcement officials in any county	8057
other than the county in which the order is issued by registering	8058
that order in the other county pursuant to division (M)(2) of this	8059
section and filing a copy of the registered order with a law	8060
enforcement agency in the other county in accordance with that	8061
division. A person who obtains a protection order issued by a	8062
court of another state may provide notice of the issuance of the	8063
order to the judicial and law enforcement officials in any county	8064
of this state by registering the order in that county pursuant to	8065
section 2919.272 of the Revised Code and filing a copy of the	8066
registered order with a law enforcement agency in that county.	8067

(2) A petitioner may register a protection order issued	8068
pursuant to this section or section 2903.213 of the Revised Code	8069
in a county other than the county in which the court that issued	8070
the order is located in the following manner:	8071

(a) The petitioner shall obtain a certified copy of the order	8072
from the clerk of the court that issued the order and present that	8073
certified copy to the clerk of the court of common pleas or the	8074
clerk of a municipal court or county court in the county in which	8075
the order is to be registered.	8076

(b) Upon accepting the certified copy of the order for	8077
registration, the clerk of the court of common pleas, municipal	8078
court, or county court shall place an endorsement of registration	8079
on the order and give the petitioner a copy of the order that	8080
bears that proof of registration.	8081

(3) The clerk of each court of common pleas, municipal court,	8082
or county court shall maintain a registry of certified copies of	8083
protection orders that have been issued by courts in other	8084
counties pursuant to this section or section 2903.213 of the	8085
Revised Code and that have been registered with the clerk.	8086

Sec. 2907.10. (A)(1) A peace officer, prosecutor, or public	8087
official shall not ask or require a victim of an alleged sex	8088
offense to submit to a polygraph examination as a condition to the	8089
investigation of the alleged sex offense, the filing of criminal	8090
charges with respect to the alleged sex offense, or the	8091
prosecution of the alleged perpetrator of the alleged sex offense.	8092

(2) The refusal of the victim of an alleged sex offense to	8093
submit to a polygraph examination shall not prevent the	8094
investigation of the alleged sex offense, the filing of criminal	8095
charges with respect to the alleged sex offense, or the	8096
prosecution of the alleged perpetrator of the alleged sex offense.	8097

(3) The refusal of the victim of an alleged sex offense to	8098
submit to a polygraph examination shall not be commented on at	8099
trial or in any court proceeding.	8100

(B) As used in this section:

8101

(1) "Peace officer" has the same meaning as in section	8102
2921.51 of the Revised Code.	8103

(2) "Polygraph examination" means any mechanical or	8104
electrical instrument or device of any type used or allegedly used	8105
to examine, test, or question an individual for the purpose of	8106
determining the individual's truthfulness.	8107

(3) "Prosecution" means the prosecution of criminal charges	8108
in a criminal prosecution or the prosecution of a delinquent child	8109
complaint in a delinquency proceeding.	8110

(4) "Prosecutor" has the same meaning as in section 2935.01	8111
of the Revised Code.	8112

(5) "Public official" has the same meaning as in section	8113
117.01 of the Revised Code.	8114

(6) "Sex offense" means a violation of any provision of	8115
sections 2907.02 to 2907.09 of the Revised Code.	8116

Sec. 2915.101. Except as otherwise provided by law, a	8117
charitable organization that conducts instant bingo shall	8118
distribute the net profit from the proceeds of the sale of instant	8119
bingo as follows:	8120

(A)(1) If a veteran's organization, a fraternal organization,	8121
or a sporting organization conducted the instant bingo, the	8122
organization shall distribute the net profit from the proceeds of	8123
the sale of instant bingo, as follows:	8124

(a) For the first ~~seventy-five~~one hundred fifty thousand	8125
dollars, or a greater amount prescribed by the attorney general to	8126
adjust for changes in prices as measured by the consumer price	8127
index as defined in section 325.18 of the Revised Code and other	8128
factors affecting the organization's expenses as defined in	8129
division (LL) of section 2915.01 of the Revised Code, or less of	8130
net profit from the proceeds of the sale of instant bingo	8131
generated in a calendar year:	8132

(i) At least twenty-five per cent shall be distributed to an	8133
organization described in division (Z)(1) of section 2915.01 of	8134
the Revised Code or to a department or agency of the federal	8135
government, the state, or any political subdivision.	8136

(ii) Not more than seventy-five per cent may be deducted and	8137
retained by the organization for reimbursement of or for the	8138
organization's expenses, as defined in division (LL) of section	8139
2915.01 of the Revised Code, in conducting the instant bingo game.	8140

(b) For any net profit from the proceeds of the sale of	8141
instant bingo of more than ~~seventy-five~~one hundred fifty thousand	8142
dollars or an adjusted amount generated in a calendar year:	8143

(i) A minimum of fifty per cent shall be distributed to an	8144
organization described in division (Z)(1) of section 2915.01 of	8145
the Revised Code or to a department or agency of the federal	8146
government, the state, or any political subdivision.	8147

(ii) Five per cent may be distributed for the organization's	8148
own charitable purposes or to a community action agency.	8149

(iii) Forty-five per cent may be deducted and retained by the	8150
organization for reimbursement of or for the organization's	8151
expenses, as defined in division (LL) of section 2915.01 of the	8152
Revised Code, in conducting the instant bingo game.	8153

(2) If a veteran's organization, a fraternal organization, or	8154
a sporting organization does not distribute the full percentages	8155
specified in divisions (A)(1)(a) and (b) of this section for the	8156
purposes specified in those divisions, the organization shall	8157
distribute the balance of the net profit from the proceeds of the	8158
sale of instant bingo not distributed or retained for those	8159
purposes to an organization described in division (Z)(1) of	8160
section 2915.01 of the Revised Code.	8161

(B) If a charitable organization other than a veteran's	8162
organization, a fraternal organization, or a sporting organization	8163
conducted the instant bingo, the organization shall distribute one	8164
hundred per cent of the net profit from the proceeds of the sale	8165
of instant bingo to an organization described in division (Z)(1)	8166
of section 2915.01 of the Revised Code or to a department or	8167
agency of the federal government, the state, or any political	8168
subdivision.	8169

(C) Nothing in this section prohibits a veteran's	8170
organization, a fraternal organization, or a sporting organization	8171
from distributing any net profit from the proceeds of the sale of	8172
instant bingo to an organization that is described in subsection	8173
501(c)(3) of the Internal Revenue Code when the organization that	8174
is described in subsection 501(c)(3) of the Internal Revenue Code	8175
is one that makes donations to other organizations and permits	8176
donors to advise or direct such donations so long as the donations	8177
comply with requirements established in or pursuant to subsection	8178
501(c)(3) of the Internal Revenue Code.	8179

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	8180
alleges a violation of section 2909.06, 2909.07, 2911.12, or	8181
2911.211 of the Revised Code if the alleged victim of the	8182
violation was a family or household member at the time of the	8183
violation, a violation of a municipal ordinance that is	8184
substantially similar to any of those sections if the alleged	8185
victim of the violation was a family or household member at the	8186
time of the violation, any offense of violence if the alleged	8187
victim of the offense was a family or household member at the time	8188
of the commission of the offense, or any sexually oriented offense	8189
if the alleged victim of the offense was a family or household	8190
member at the time of the commission of the offense, the	8191
complainant, the alleged victim, or a family or household member	8192
of an alleged victim may file, or, if in an emergency the alleged	8193
victim is unable to file, a person who made an arrest for the	8194
alleged violation or offense under section 2935.03 of the Revised	8195
Code may file on behalf of the alleged victim, a motion that	8196
requests the issuance of a temporary protection order as a	8197
pretrial condition of release of the alleged offender, in addition	8198
to any bail set under Criminal Rule 46. The motion shall be filed	8199
with the clerk of the court that has jurisdiction of the case at	8200
any time after the filing of the complaint.	8201

(2) For purposes of section 2930.09 of the Revised Code, all	8202
stages of a proceeding arising out of a complaint alleging the	8203
commission of a violation, offense of violence, or sexually	8204
oriented offense described in division (A)(1) of this section,	8205
including all proceedings on a motion for a temporary protection	8206
order, are critical stages of the case, and a victim may be	8207
accompanied by a victim advocate or another person to provide	8208
support to the victim as provided in that section.	8209

(B) The motion shall be prepared on a form that is provided	8210
by the clerk of the court, which form shall be substantially as	8211
follows:	8212

"MOTION FOR TEMPORARY PROTECTION ORDER	8213

.......................... Court	8214

Name and address of court	8215

State of Ohio	8216

No. ..........

8217

.................	8218

Name of Defendant	8219

(name of person), moves the court to issue a temporary protection	8220
order containing terms designed to ensure the safety and	8221
protection of the complainant, alleged victim, and other family or	8222
household members, in relation to the named defendant, pursuant to	8223
its authority to issue such an order under section 2919.26 of the	8224
Revised Code.	8225

A complaint, a copy of which has been attached to this	8226
motion, has been filed in this court charging the named defendant	8227
with .......................... (name of the specified violation,	8228
the offense of violence, or sexually oriented offense charged) in	8229
circumstances in which the victim was a family or household member	8230
in violation of (section of the Revised Code designating the	8231
specified violation, offense of violence, or sexually oriented	8232
offense charged), or charging the named defendant with a violation	8233
of a municipal ordinance that is substantially similar to	8234
........................ (section of the Revised Code designating	8235
the specified violation, offense of violence, or sexually oriented	8236
offense charged) involving a family or household member.	8237

I understand that I must appear before the court, at a time	8238
set by the court within twenty-four hours after the filing of this	8239
motion, for a hearing on the motion or that, if I am unable to	8240
appear because of hospitalization or a medical condition resulting	8241
from the offense alleged in the complaint, a person who can	8242
provide information about my need for a temporary protection order	8243
must appear before the court in lieu of my appearing in court. I	8244
understand that any temporary protection order granted pursuant to	8245
this motion is a pretrial condition of release and is effective	8246
only until the disposition of the criminal proceeding arising out	8247
of the attached complaint, or the issuance of a civil protection	8248
order or the approval of a consent agreement, arising out of the	8249
same activities as those that were the basis of the complaint,	8250
under section 3113.31 of the Revised Code.	8251

..........................................	8252

Signature of person	8253

(or signature of the arresting officer who filed the motion on	8254
behalf of the alleged victim)	8255

..........................................	8256

Address of person (or office address of the arresting officer who	8257
filed the motion on behalf of the alleged victim)"	8258

(C)(1) As soon as possible after the filing of a motion that	8259
requests the issuance of a temporary protection order, but not	8260
later than twenty-four hours after the filing of the motion, the	8261
court shall conduct a hearing to determine whether to issue the	8262
order. The person who requested the order shall appear before the	8263
court and provide the court with the information that it requests	8264
concerning the basis of the motion. If the person who requested	8265
the order is unable to appear and if the court finds that the	8266
failure to appear is because of the person's hospitalization or	8267
medical condition resulting from the offense alleged in the	8268
complaint, another person who is able to provide the court with	8269
the information it requests may appear in lieu of the person who	8270
requested the order. If the court finds that the safety and	8271
protection of the complainant, alleged victim, or any other family	8272
or household member of the alleged victim may be impaired by the	8273
continued presence of the alleged offender, the court may issue a	8274
temporary protection order, as a pretrial condition of release,	8275
that contains terms designed to ensure the safety and protection	8276
of the complainant, alleged victim, or the family or household	8277
member, including a requirement that the alleged offender refrain	8278
from entering the residence, school, business, or place of	8279
employment of the complainant, alleged victim, or the family or	8280
household member.	8281

(2)(a) If the court issues a temporary protection order that	8282
includes a requirement that the alleged offender refrain from	8283
entering the residence, school, business, or place of employment	8284
of the complainant, the alleged victim, or the family or household	8285
member, the order shall state clearly that the order cannot be	8286
waived or nullified by an invitation to the alleged offender from	8287
the complainant, alleged victim, or family or household member to	8288
enter the residence, school, business, or place of employment or	8289
by the alleged offender's entry into one of those places otherwise	8290
upon the consent of the complainant, alleged victim, or family or	8291
household member.	8292

(b) Division (C)(2)(a) of this section does not limit any	8293
discretion of a court to determine that an alleged offender	8294
charged with a violation of section 2919.27 of the Revised Code,	8295
with a violation of a municipal ordinance substantially equivalent	8296
to that section, or with contempt of court, which charge is based	8297
on an alleged violation of a temporary protection order issued	8298
under this section, did not commit the violation or was not in	8299
contempt of court.	8300

(D)(1) Upon the filing of a complaint that alleges a	8301
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	8302
Revised Code if the alleged victim of the violation was a family	8303
or household member at the time of the violation, a violation of a	8304
municipal ordinance that is substantially similar to any of those	8305
sections if the alleged victim of the violation was a family or	8306
household member at the time of the violation, any offense of	8307
violence if the alleged victim of the offense was a family or	8308
household member at the time of the commission of the offense, or	8309
any sexually oriented offense if the alleged victim of the offense	8310
was a family or household member at the time of the commission of	8311
the offense, the court, upon its own motion, may issue a temporary	8312
protection order as a pretrial condition of release if it finds	8313
that the safety and protection of the complainant, alleged victim,	8314
or other family or household member of the alleged offender may be	8315
impaired by the continued presence of the alleged offender.	8316

(2) If the court issues a temporary protection order under	8317
this section as an ex parte order, it shall conduct, as soon as	8318
possible after the issuance of the order, a hearing in the	8319
presence of the alleged offender not later than the next day on	8320
which the court is scheduled to conduct business after the day on	8321
which the alleged offender was arrested or at the time of the	8322
appearance of the alleged offender pursuant to summons to	8323
determine whether the order should remain in effect, be modified,	8324
or be revoked. The hearing shall be conducted under the standards	8325
set forth in division (C) of this section.	8326

(3) An order issued under this section shall contain only	8327
those terms authorized in orders issued under division (C) of this	8328
section.	8329

(4) If a municipal court or a county court issues a temporary	8330
protection order under this section and if, subsequent to the	8331
issuance of the order, the alleged offender who is the subject of	8332
the order is bound over to the court of common pleas for	8333
prosecution of a felony arising out of the same activities as	8334
those that were the basis of the complaint upon which the order is	8335
based, notwithstanding the fact that the order was issued by a	8336
municipal court or county court, the order shall remain in effect,	8337
as though it were an order of the court of common pleas, while the	8338
charges against the alleged offender are pending in the court of	8339
common pleas, for the period of time described in division (E)(2)	8340
of this section, and the court of common pleas has exclusive	8341
jurisdiction to modify the order issued by the municipal court or	8342
county court. This division applies when the alleged offender is	8343
bound over to the court of common pleas as a result of the person	8344
waiving a preliminary hearing on the felony charge, as a result of	8345
the municipal court or county court having determined at a	8346
preliminary hearing that there is probable cause to believe that	8347
the felony has been committed and that the alleged offender	8348
committed it, as a result of the alleged offender having been	8349
indicted for the felony, or in any other manner.	8350

(E) A temporary protection order that is issued as a pretrial	8351
condition of release under this section:	8352

(1) Is in addition to, but shall not be construed as a part	8353
of, any bail set under Criminal Rule 46;	8354

(2) Is effective only until the occurrence of either of the	8355
following:	8356

(a) The disposition, by the court that issued the order or,	8357
in the circumstances described in division (D)(4) of this section,	8358
by the court of common pleas to which the alleged offender is	8359
bound over for prosecution, of the criminal proceeding arising out	8360
of the complaint upon which the order is based;	8361

(b) The issuance of a protection order or the approval of a	8362
consent agreement, arising out of the same activities as those	8363
that were the basis of the complaint upon which the order is	8364
based, under section 3113.31 of the Revised Code;	8365

(3) Shall not be construed as a finding that the alleged	8366
offender committed the alleged offense, and shall not be	8367
introduced as evidence of the commission of the offense at the	8368
trial of the alleged offender on the complaint upon which the	8369
order is based.	8370

(F) A person who meets the criteria for bail under Criminal	8371
Rule 46 and who, if required to do so pursuant to that rule,	8372
executes or posts bond or deposits cash or securities as bail,	8373
shall not be held in custody pending a hearing before the court on	8374
a motion requesting a temporary protection order.	8375

(G)(1) A copy of any temporary protection order that is	8376
issued under this section shall be issued by the court to the	8377
complainant, to the alleged victim, to the person who requested	8378
the order, to the defendant, and to all law enforcement agencies	8379
that have jurisdiction to enforce the order. The court shall	8380
direct that a copy of the order be delivered to the defendant on	8381
the same day that the order is entered. If a municipal court or a	8382
county court issues a temporary protection order under this	8383
section and if, subsequent to the issuance of the order, the	8384
defendant who is the subject of the order is bound over to the	8385
court of common pleas for prosecution as described in division	8386
(D)(4) of this section, the municipal court or county court shall	8387
direct that a copy of the order be delivered to the court of	8388
common pleas to which the defendant is bound over.	8389

(2) Upon the issuance of a protection order under this	8390
section, the court shall provide the parties to the order with the	8391
following notice orally or by form:	8392

"NOTICE	8393

If you are convicted of a misdemeanor crime involving	8394
violence in which you are or were a spouse, intimate partner,	8395
parent, or guardian of the victim or are or were involved in	8396
another, similar relationship with the victim, it may be unlawful	8397
for you to possess or purchase a firearm, including a rifle,	8398
pistol, or revolver, or ammunition pursuant to federal law under	8399
18 U.S.C. 922(g)(9). If you have any questions whether this law	8400
makes it illegal for you to possess or purchase a firearm or	8401
ammunition, you should consult an attorney."	8402

(3) All law enforcement agencies shall establish and maintain	8403
an index for the temporary protection orders delivered to the	8404
agencies pursuant to division (G)(1) of this section. With	8405
respect to each order delivered, each agency shall note on the	8406
index, the date and time of the receipt of the order by the	8407
agency.	8408

~~(3)~~(4) A complainant, alleged victim, or other person who	8409
obtains a temporary protection order under this section may	8410
provide notice of the issuance of the temporary protection order	8411
to the judicial and law enforcement officials in any county other	8412
than the county in which the order is issued by registering that	8413
order in the other county in accordance with division (N) of	8414
section 3113.31 of the Revised Code and filing a copy of the	8415
registered protection order with a law enforcement agency in the	8416
other county in accordance with that division.	8417

~~(4)~~(5) Any officer of a law enforcement agency shall enforce	8418
a temporary protection order issued by any court in this state in	8419
accordance with the provisions of the order, including removing	8420
the defendant from the premises, regardless of whether the order	8421
is registered in the county in which the officer's agency has	8422
jurisdiction as authorized by division (G)~~(3)~~(4) of this section.	8423

(H) Upon a violation of a temporary protection order, the	8424
court may issue another temporary protection order, as a pretrial	8425
condition of release, that modifies the terms of the order that	8426
was violated.	8427

(I)(1) As used in divisions (I)(1) and (2) of this section,	8428
"defendant" means a person who is alleged in a complaint to have	8429
committed a violation, offense of violence, or sexually oriented	8430
offense of the type described in division (A) of this section.	8431

(2) If a complaint is filed that alleges that a person	8432
committed a violation, offense of violence, or sexually oriented	8433
offense of the type described in division (A) of this section, the	8434
court may not issue a temporary protection order under this	8435
section that requires the complainant, the alleged victim, or	8436
another family or household member of the defendant to do or	8437
refrain from doing an act that the court may require the defendant	8438
to do or refrain from doing under a temporary protection order	8439
unless both of the following apply:	8440

(a) The defendant has filed a separate complaint that alleges	8441
that the complainant, alleged victim, or other family or household	8442
member in question who would be required under the order to do or	8443
refrain from doing the act committed a violation or offense of	8444
violence of the type described in division (A) of this section.	8445

(b) The court determines that both the complainant, alleged	8446
victim, or other family or household member in question who would	8447
be required under the order to do or refrain from doing the act	8448
and the defendant acted primarily as aggressors, that neither the	8449
complainant, alleged victim, or other family or household member	8450
in question who would be required under the order to do or refrain	8451
from doing the act nor the defendant acted primarily in	8452
self-defense, and, in accordance with the standards and criteria	8453
of this section as applied in relation to the separate complaint	8454
filed by the defendant, that it should issue the order to require	8455
the complainant, alleged victim, or other family or household	8456
member in question to do or refrain from doing the act.	8457

(J) Notwithstanding any provision of law to the contrary and	8458
regardless of whether a protection order is issued or a consent	8459
agreement is approved by a court of another county or a court of	8460
another state, no court or unit of state or local government shall	8461
charge any fee, cost, deposit, or money in connection with the	8462
filing of a motion pursuant to this section, in connection with	8463
the filing, issuance, registration, or service of a protection	8464
order or consent agreement, or for obtaining a certified copy of a	8465
protection order or consent agreement.	8466

(K) As used in this section:

8467

(1) "Sexually oriented offense" has the same meaning as in	8468
section 2950.01 of the Revised Code.	8469

(2) "Victim advocate" means a person who provides support and	8470
assistance for a victim of an offense during court proceedings.	8471

Sec. 2921.13. (A) No person shall knowingly make a false	8472
statement, or knowingly swear or affirm the truth of a false	8473
statement previously made, when any of the following applies:	8474

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

8475

(2) The statement is made with purpose to incriminate	8476
another.	8477

(3) The statement is made with purpose to mislead a public	8478
official in performing the public official's official function.	8479

(4) The statement is made with purpose to secure the payment	8480
of unemployment compensation; Ohio works first; prevention,	8481
retention, and contingency benefits and services; disability	8482
financial assistance; retirement benefits; economic development	8483
assistance, as defined in section 9.66 of the Revised Code; or	8484
other benefits administered by a governmental agency or paid out	8485
of a public treasury.	8486

(5) The statement is made with purpose to secure the issuance	8487
by a governmental agency of a license, permit, authorization,	8488
certificate, registration, release, or provider agreement.	8489

(6) The statement is sworn or affirmed before a notary public	8490
or another person empowered to administer oaths.	8491

(7) The statement is in writing on or in connection with a	8492
report or return that is required or authorized by law.	8493

(8) The statement is in writing and is made with purpose to	8494
induce another to extend credit to or employ the offender, to	8495
confer any degree, diploma, certificate of attainment, award of	8496
excellence, or honor on the offender, or to extend to or bestow	8497
upon the offender any other valuable benefit or distinction, when	8498
the person to whom the statement is directed relies upon it to	8499
that person's detriment.	8500

(9) The statement is made with purpose to commit or	8501
facilitate the commission of a theft offense.	8502

(10) The statement is knowingly made to a probate court in	8503
connection with any action, proceeding, or other matter within its	8504
jurisdiction, either orally or in a written document, including,	8505
but not limited to, an application, petition, complaint, or other	8506
pleading, or an inventory, account, or report.	8507

(11) The statement is made on an account, form, record,	8508
stamp, label, or other writing that is required by law.	8509

(12) The statement is made in connection with the purchase of	8510
a firearm, as defined in section 2923.11 of the Revised Code, and	8511
in conjunction with the furnishing to the seller of the firearm of	8512
a fictitious or altered driver's or commercial driver's license or	8513
permit, a fictitious or altered identification card, or any other	8514
document that contains false information about the purchaser's	8515
identity.	8516

(13) The statement is made in a document or instrument of	8517
writing that purports to be a judgment, lien, or claim of	8518
indebtedness and is filed or recorded with the secretary of state,	8519
a county recorder, or the clerk of a court of record.	8520

(14) The statement is made with purpose to obtain an Ohio's	8521
best Rx program enrollment card under section 173.773 of the	8522
Revised Code or a payment under section 173.801 of the Revised	8523
Code.	8524

(15) The statement is made in an application filed with a	8525
county sheriff pursuant to section 2923.125 of the Revised Code in	8526
order to obtain or renew a license to carry a concealed handgun or	8527
is made in an affidavit submitted to a county sheriff to obtain a	8528
temporary emergency license to carry a concealed handgun under	8529
section 2923.1213 of the Revised Code.	8530

(16) The statement is required under section ~~5743.72~~5743.71	8531
of the Revised Code in connection with the person's purchase of	8532
cigarettes or tobacco products in a delivery sale.	8533

(B) No person, in connection with the purchase of a firearm,	8534
as defined in section 2923.11 of the Revised Code, shall knowingly	8535
furnish to the seller of the firearm a fictitious or altered	8536
driver's or commercial driver's license or permit, a fictitious or	8537
altered identification card, or any other document that contains	8538
false information about the purchaser's identity.	8539

(C) No person, in an attempt to obtain a license to carry a	8540
concealed handgun under section 2923.125 of the Revised Code,	8541
shall knowingly present to a sheriff a fictitious or altered	8542
document that purports to be certification of the person's	8543
competence in handling a handgun as described in division (B)(3)	8544
of section 2923.125 of the Revised Code.	8545

(D) It is no defense to a charge under division (A)(6) of	8546
this section that the oath or affirmation was administered or	8547
taken in an irregular manner.	8548

(E) If contradictory statements relating to the same fact are	8549
made by the offender within the period of the statute of	8550
limitations for falsification, it is not necessary for the	8551
prosecution to prove which statement was false but only that one	8552
or the other was false.	8553

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	8554
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	8555
guilty of falsification, a misdemeanor of the first degree.	8556

(2) Whoever violates division (A)(9) of this section is	8557
guilty of falsification in a theft offense. Except as otherwise	8558
provided in this division, falsification in a theft offense is a	8559
misdemeanor of the first degree. If the value of the property or	8560
services stolen is five hundred dollars or more and is less than	8561
five thousand dollars, falsification in a theft offense is a	8562
felony of the fifth degree. If the value of the property or	8563
services stolen is five thousand dollars or more and is less than	8564
one hundred thousand dollars, falsification in a theft offense is	8565
a felony of the fourth degree. If the value of the property or	8566
services stolen is one hundred thousand dollars or more,	8567
falsification in a theft offense is a felony of the third degree.	8568

(3) Whoever violates division (A)(12) or (B) of this section	8569
is guilty of falsification to purchase a firearm, a felony of the	8570
fifth degree.	8571

(4) Whoever violates division (A)(15) or (C) of this section	8572
is guilty of falsification to obtain a concealed handgun license,	8573
a felony of the fourth degree.	8574

(G) A person who violates this section is liable in a civil	8575
action to any person harmed by the violation for injury, death, or	8576
loss to person or property incurred as a result of the commission	8577
of the offense and for reasonable attorney's fees, court costs,	8578
and other expenses incurred as a result of prosecuting the civil	8579
action commenced under this division. A civil action under this	8580
division is not the exclusive remedy of a person who incurs	8581
injury, death, or loss to person or property as a result of a	8582
violation of this section.	8583

Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the	8584
Revised Code:	8585

(A) "Deadly weapon" means any instrument, device, or thing	8586
capable of inflicting death, and designed or specially adapted for	8587
use as a weapon, or possessed, carried, or used as a weapon.	8588

(B)(1) "Firearm" means any deadly weapon capable of expelling	8589
or propelling one or more projectiles by the action of an	8590
explosive or combustible propellant. "Firearm" includes an	8591
unloaded firearm, and any firearm that is inoperable but that can	8592
readily be rendered operable.	8593

(2) When determining whether a firearm is capable of	8594
expelling or propelling one or more projectiles by the action of	8595
an explosive or combustible propellant, the trier of fact may rely	8596
upon circumstantial evidence, including, but not limited to, the	8597
representations and actions of the individual exercising control	8598
over the firearm.	8599

8600

(1) Any firearm that has a short stock and is designed to be	8601
held and fired by the use of a single hand;	8602

(2) Any combination of parts from which a firearm of a type	8603
described in division (C)(1) of this section can be assembled.	8604

(D) "Semi-automatic firearm" means any firearm designed or	8605
specially adapted to fire a single cartridge and automatically	8606
chamber a succeeding cartridge ready to fire, with a single	8607
function of the trigger.	8608

(E) "Automatic firearm" means any firearm designed or	8609
specially adapted to fire a succession of cartridges with a single	8610
function of the trigger. "Automatic firearm" also means any	8611
semi-automatic firearm designed or specially adapted to fire more	8612
than thirty-one cartridges without reloading, other than a firearm	8613
chambering only .22 caliber short, long, or long-rifle cartridges.	8614

(F) "Sawed-off firearm" means a shotgun with a barrel less	8615
than eighteen inches long, or a rifle with a barrel less than	8616
sixteen inches long, or a shotgun or rifle less than twenty-six	8617
inches long overall.	8618

(G) "Zip-gun" means any of the following:

8619

(1) Any firearm of crude and extemporized manufacture;

8620

(2) Any device, including without limitation a starter's	8621
pistol, that is not designed as a firearm, but that is specially	8622
adapted for use as a firearm;	8623

(3) Any industrial tool, signalling device, or safety device,	8624
that is not designed as a firearm, but that as designed is capable	8625
of use as such, when possessed, carried, or used as a firearm.	8626

(H) "Explosive device" means any device designed or specially	8627
adapted to cause physical harm to persons or property by means of	8628
an explosion, and consisting of an explosive substance or agency	8629
and a means to detonate it. "Explosive device" includes without	8630
limitation any bomb, any explosive demolition device, any blasting	8631
cap or detonator containing an explosive charge, and any pressure	8632
vessel that has been knowingly tampered with or arranged so as to	8633
explode.	8634

(I) "Incendiary device" means any firebomb, and any device	8635
designed or specially adapted to cause physical harm to persons or	8636
property by means of fire, and consisting of an incendiary	8637
substance or agency and a means to ignite it.	8638

(J) "Ballistic knife" means a knife with a detachable blade	8639
that is propelled by a spring-operated mechanism.	8640

(K) "Dangerous ordnance" means any of the following, except	8641
as provided in division (L) of this section:	8642

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	8643
knife;	8644

(2) Any explosive device or incendiary device;

8645

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	8646
cyclonite, TNT, picric acid, and other high explosives; amatol,	8647
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	8648
explosive compositions; plastic explosives; dynamite, blasting	8649
gelatin, gelatin dynamite, sensitized ammonium nitrate,	8650
liquid-oxygen blasting explosives, blasting powder, and other	8651
blasting agents; and any other explosive substance having	8652
sufficient brisance or power to be particularly suitable for use	8653
as a military explosive, or for use in mining, quarrying,	8654
excavating, or demolitions;	8655

(4) Any firearm, rocket launcher, mortar, artillery piece,	8656
grenade, mine, bomb, torpedo, or similar weapon, designed and	8657
manufactured for military purposes, and the ammunition for that	8658
weapon;	8659

(5) Any firearm muffler or silencer;

8660

(6) Any combination of parts that is intended by the owner	8661
for use in converting any firearm or other device into a dangerous	8662
ordnance.	8663

(L) "Dangerous ordnance" does not include any of the	8664
following:	8665

(1) Any firearm, including a military weapon and the	8666
ammunition for that weapon, and regardless of its actual age, that	8667
employs a percussion cap or other obsolete ignition system, or	8668
that is designed and safe for use only with black powder;	8669

(2) Any pistol, rifle, or shotgun, designed or suitable for	8670
sporting purposes, including a military weapon as issued or as	8671
modified, and the ammunition for that weapon, unless the firearm	8672
is an automatic or sawed-off firearm;	8673

(3) Any cannon or other artillery piece that, regardless of	8674
its actual age, is of a type in accepted use prior to 1887, has no	8675
mechanical, hydraulic, pneumatic, or other system for absorbing	8676
recoil and returning the tube into battery without displacing the	8677
carriage, and is designed and safe for use only with black powder;	8678

(4) Black powder, priming quills, and percussion caps	8679
possessed and lawfully used to fire a cannon of a type defined in	8680
division (L)(3) of this section during displays, celebrations,	8681
organized matches or shoots, and target practice, and smokeless	8682
and black powder, primers, and percussion caps possessed and	8683
lawfully used as a propellant or ignition device in small-arms or	8684
small-arms ammunition;	8685

(5) Dangerous ordnance that is inoperable or inert and cannot	8686
readily be rendered operable or activated, and that is kept as a	8687
trophy, souvenir, curio, or museum piece.	8688

(6) Any device that is expressly excepted from the definition	8689
of a destructive device pursuant to the "Gun Control Act of 1968,"	8690
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	8691
issued under that act.	8692

(M) "Explosive" means any chemical compound, mixture, or	8693
device, the primary or common purpose of which is to function by	8694
explosion. "Explosive" includes all materials that have been	8695
classified as ~~class A, class B, or class C~~division 1.1, division	8696
1.2, division 1.3, or division 1.4 explosives by the United States	8697
department of transportation in its regulations and includes, but	8698
is not limited to, dynamite, black powder, pellet powders,	8699
initiating explosives, blasting caps, electric blasting caps,	8700
safety fuses, fuse igniters, squibs, cordeau detonant fuses,	8701
instantaneous fuses, and igniter cords and igniters. "Explosive"	8702
does not include "fireworks," as defined in section 3743.01 of the	8703
Revised Code, or any substance or material otherwise meeting the	8704
definition of explosive ~~that is not subject to regulation under~~	8705
set forth in this section that is manufactured, sold, possessed,	8706
transported, stored, or used in any activity described in section	8707
3743.80 of the Revised Code, provided the activity is conducted in	8708
accordance with all applicable laws, rules, and regulations,	8709
including, but not limited to, the provisions of section 3743.80	8710
of the Revised Code and the rules of the fire marshal adopted	8711
pursuant to section 3737.82 of the Revised Code.	8712

Sec. 2943.033. (A) As used in this section, "person living	8713
as a spouse" means a person who is living or has lived with the	8714
defendant in a common law marital relationship, who otherwise is	8715
cohabiting with the defendant, or who otherwise has cohabited with	8716
the defendant within five years prior to the date of the alleged	8717
commission of the act in question.	8718

(B) The notice required under division (C) of this section	8719
shall be provided to a defendant when the alleged victim is any of	8720
the following:	8721

(1) A spouse, person living as a spouse, or former spouse of	8722
the defendant;	8723

(2) A parent or child of the defendant;

8724

(3) A parent or child of a spouse, person living as a spouse,	8725
or former spouse of the defendant;	8726

(4) The natural parent of any child of whom the defendant is	8727
the other natural or putative natural parent.	8728

(C) Prior to accepting a guilty plea or plea of no contest to	8729
an indictment, information, or complaint that charges a person	8730
with a misdemeanor offense of violence, the court shall inform the	8731
defendant either personally or in writing that under 18 U.S.C.	8732
922(g)(9) it may be unlawful for the person to ship, transport,	8733
purchase, or possess a firearm or ammunition as a result of any	8734
conviction for a misdemeanor offense of violence. The plea may not	8735
be vacated based on a failure to inform the person so charged	8736
regarding the restrictions under 18 U.S.C. 922(g)(9).	8737

Sec. 2949.092. If a person is convicted of or pleads guilty	8738
to an offense and the court specifically is required, pursuant to	8739
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	8740
Code or pursuant to any other section of the Revised Code to	8741
impose a specified sum of money as costs in the case in addition	8742
to any other costs that the court is required or permitted by law	8743
to impose in the case, the court shall not waive the payment of	8744
the specified additional court costs that the section of the	8745
Revised Code specifically requires the court to impose unless the	8746
court determines that the offender is indigent and the court	8747
waives the payment of all court costs imposed upon the offender.	8748

Sec. 2949.094. (A) The court in which any person is convicted	8749
of or pleads guilty to any moving violation shall impose an	8750
additional court cost of ten dollars upon the offender. The court	8751
shall not waive the payment of the ten dollars unless the court	8752
determines that the offender is indigent and waives the payment of	8753
all court costs imposed upon the indigent offender.	8754

The clerk of the court shall transmit thirty-five per cent of	8755
all additional court costs collected pursuant to this division	8756
during a month on or before the twenty-third day of the	8757
following month to the division of criminal justice services,	8758
and the division of criminal justice services shall deposit the	8759
money so transmitted into the drug law enforcement fund created	8760
under section 5502.68 of the Revised Code. The clerk shall	8761
transmit fifteen per cent of all additional court costs so	8762
collected during a month on or before the twenty-third day of the	8763
following month to the state treasury to be credited to the	8764
indigent drivers alcohol treatment fund created under section	8765
4511.191 of the Revised Code and to be distributed by the	8766
department of alcohol and drug addiction services as provided in	8767
division (H) of that section. The clerk shall transmit fifty per	8768
cent of all additional court costs so collected during a month on	8769
or before the twenty-third day of the following month to the	8770
state treasury to be credited to the indigent defense support	8771
fund created pursuant to section 120.08 of the Revised Code.	8772

(B) The juvenile court in which a child is found to be a	8773
juvenile traffic offender for an act that is a moving violation	8774
shall impose an additional court cost of ten dollars upon the	8775
juvenile traffic offender. The juvenile court shall not waive the	8776
payment of the ten dollars unless the court determines that the	8777
juvenile is indigent and waives the payment of all court costs	8778
imposed upon the indigent offender.	8779

The clerk of the court shall transmit thirty-five per cent of	8780
all additional court costs collected pursuant to this division	8781
during a month on or before the twenty-third day of the	8782
following month to the division of criminal justice services,	8783
and the division of criminal justice services shall deposit the	8784
money so transmitted into the drug law enforcement fund created	8785
under section 5502.68 of the Revised Code. The clerk shall	8786
transmit fifteen per cent of all additional court costs so	8787
collected during a month on or before the twenty-third day of the	8788
following month to the state treasury to be credited to the	8789
indigent drivers alcohol treatment fund created under that	8790
section 4511.191 of the Revised Code and to be distributed by the	8791
department of alcohol and drug addiction services as provided in	8792
division (H) of that section. The clerk shall transmit fifty per	8793
cent of all additional court costs so collected during a month	8794
on or before the twenty-third day of the following month to the	8795
state treasury to be credited to the indigent defense support	8796
fund created pursuant to section 120.08 of the Revised Code.	8797

(C) Whenever a person is charged with any offense that is a	8798
moving violation and posts bail, the court shall add to the amount	8799
of the bail the ten dollars required to be paid by division (A)	8800
of this section. The clerk of the court shall retain the ten	8801
dollars until the person is convicted, pleads guilty, forfeits	8802
bail, is found not guilty, or has the charges dismissed. If the	8803
person is convicted, pleads guilty, or forfeits bail, the clerk	8804
shall transmit three and fifty cents out of the ten dollars to the	8805
division of criminal justice services, and the division of	8806
criminal justice services shall deposit the money so transmitted	8807
into the drug law enforcement fund created under section 5502.68	8808
of the Revised Code, the clerk shall transmit one dollar and fifty	8809
cents out of the ten dollars to the state treasury to be	8810
credited to the indigent drivers alcohol treatment fund created	8811
under section 4511.191 of the Revised Code and to be distributed	8812
by the department of alcohol and drug addiction services as	8813
provided in division (H) of that section, and the clerk shall	8814
transmit five dollars out of the ten dollars to the state	8815
treasury to be credited to the indigent defense support fund	8816
created under section 120.08 of the Revised Code. If the person	8817
is found not guilty or the charges are dismissed, the clerk	8818
shall return the ten dollars to the person.	8819

(D) No person shall be placed or held in a detention facility	8820
for failing to pay the court cost or bail that is required to be	8821
paid by this section.	8822

(E) As used in this section:

8823

(1) "Bail" and "moving violation" have the same meanings as	8824
in section 2949.093 of the Revised Code.	8825

(2) "Detention facility" has the same meaning as in section	8826
2921.01 of the Revised Code.	8827

(3) "Division of criminal justice services" means the	8828
division of criminal justice services of the department of public	8829
safety, created by section 5502.62 of the Revised Code.	8830

Sec. 3107.018. (A) A prospective adoptive parent may apply	8831
to the department of job and family services for a loan from the	8832
state adoption assistance loan fund created under section 5101.143	8833
of the Revised Code. Subject to available funds, the department	8834
may approve a state adoption assistance loan application, in whole	8835
or in part, or deny the application. In reviewing a loan	8836
application submitted to the department, the department shall	8837
consider the financial need of the prospective adoptive parent in	8838
determining whether to approve a loan application, in whole or in	8839
part, or deny the application. If the department approves a loan	8840
application, in whole or in part, and the child being adopted	8841
resides in Ohio, the department shall loan a prospective adoptive	8842
parent not more than three thousand dollars from the state	8843
adoption assistance loan fund. If the department approves a loan	8844
application, in whole or in part, and the child being adopted does	8845
not reside in Ohio, the department shall loan a prospective	8846
adoptive parent not more than two thousand dollars from the state	8847
adoption assistance loan fund.	8848

(B) A prospective adoptive parent who receives a loan under	8849
division (A) of this section shall use that loan for only a	8850
disbursement listed under division (C) of section 3107.055 of the	8851
Revised Code or an expense related to adopting from the public	8852
child welfare system.	8853

(C) This section applies to adoptions arranged by an attorney	8854
or by any public or private organization certified, licensed, or	8855
otherwise specially empowered by law or rule to place minors for	8856
adoption.	8857

Sec. 3111.04. (A) An action to determine the existence or	8858
nonexistence of the father and child relationship may be brought	8859
by the child or the child's personal representative, the child's	8860
mother or her personal representative, a man alleged or alleging	8861
himself to be the child's father, the child support enforcement	8862
agency of the county in which the child resides if the child's	8863
mother, father, or alleged father is a recipient of public	8864
assistance or of services under Title IV-D of the "Social Security	8865
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	8866
alleged father's personal representative.	8867

(B) An agreement does not bar an action under this section.

8868

(C) If an action under this section is brought before the	8869
birth of the child and if the action is contested, all	8870
proceedings, except service of process and the taking of	8871
depositions to perpetuate testimony, may be stayed until after the	8872
birth.	8873

(D) A recipient of public assistance or of services under	8874
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	8875
U.S.C.A. 651, as amended, shall cooperate with the child support	8876
enforcement agency of the county in which a child resides to	8877
obtain an administrative determination pursuant to sections	8878
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	8879
determination pursuant to sections 3111.01 to 3111.18 of the	8880
Revised Code, of the existence or nonexistence of a parent and	8881
child relationship between the father and the child. If the	8882
recipient fails to cooperate, the agency may commence an action to	8883
determine the existence or nonexistence of a parent and child	8884
relationship between the father and the child pursuant to sections	8885
3111.01 to 3111.18 of the Revised Code.	8886

(E) As used in this section, "public assistance" means	8887
~~medical assistance~~all of the following:	8888

(1) Medicaid under Chapter 5111. of the Revised Code,	8889
~~assistance~~;	8890

(2) Ohio works first under Chapter 5107. of the Revised Code,	8891
~~disability~~;	8892

(3) Disability financial assistance under Chapter 5115. of	8893
the Revised Code~~, or disability~~;	8894

(4) Disability medical assistance under Chapter 5115. of the	8895
Revised Code;	8896

(5) Children's buy-in program under sections 5101.5211 to	8897
5101.5216 of the Revised Code.	8898

Sec. 3113.06. No father, or mother when she is charged with	8899
the maintenance, of a child under eighteen years of age, or a	8900
mentally or physically handicapped child under age twenty-one, who	8901
is legally a ward of a public children services agency or is the	8902
recipient of aid pursuant to sections 5101.5211 to 5101.5216 or	8903
Chapter 5107. or 5115. of the Revised Code, shall neglect or	8904
refuse to pay such agency the reasonable cost of maintaining such	8905
child when such father or mother is able to do so by reason of	8906
property, labor, or earnings.	8907

An offense under this section shall be held committed in the	8908
county in which the agency is located. The agency shall file	8909
charges against any parent who violates this section, unless the	8910
agency files charges under section 2919.21 of the Revised Code, or	8911
unless charges of nonsupport are filed by a relative or guardian	8912
of the child, or unless an action to enforce support is brought	8913
under Chapter 3115. of the Revised Code.	8914

Sec. 3113.31. (A) As used in this section:

8915

(1) "Domestic violence" means the occurrence of one or more	8916
of the following acts against a family or household member:	8917

(a) Attempting to cause or recklessly causing bodily injury;

8918

(b) Placing another person by the threat of force in fear of	8919
imminent serious physical harm or committing a violation of	8920
section 2903.211 or 2911.211 of the Revised Code;	8921

(c) Committing any act with respect to a child that would	8922
result in the child being an abused child, as defined in section	8923
2151.031 of the Revised Code;	8924

(d) Committing a sexually oriented offense.

8925

(2) "Court" means the domestic relations division of the	8926
court of common pleas in counties that have a domestic relations	8927
division, and the court of common pleas in counties that do not	8928
have a domestic relations division.	8929

(3) "Family or household member" means any of the following:

8930

(a) Any of the following who is residing with or has resided	8931
with the respondent:	8932

(i) A spouse, a person living as a spouse, or a former spouse	8933
of the respondent;	8934

(ii) A parent or a child of the respondent, or another person	8935
related by consanguinity or affinity to the respondent;	8936

(iii) A parent or a child of a spouse, person living as a	8937
spouse, or former spouse of the respondent, or another person	8938
related by consanguinity or affinity to a spouse, person living as	8939
a spouse, or former spouse of the respondent.	8940

(b) The natural parent of any child of whom the respondent is	8941
the other natural parent or is the putative other natural parent.	8942

(4) "Person living as a spouse" means a person who is living	8943
or has lived with the respondent in a common law marital	8944
relationship, who otherwise is cohabiting with the respondent, or	8945
who otherwise has cohabited with the respondent within five years	8946
prior to the date of the alleged occurrence of the act in	8947
question.	8948

(5) "Victim advocate" means a person who provides support and	8949
assistance for a person who files a petition under this section.	8950

(6) "Sexually oriented offense" has the same meaning as in	8951
section 2950.01 of the Revised Code.	8952

(B) The court has jurisdiction over all proceedings under	8953
this section. The petitioner's right to relief under this section	8954
is not affected by the petitioner's leaving the residence or	8955
household to avoid further domestic violence.	8956

(C) A person may seek relief under this section on the	8957
person's own behalf, or any parent or adult household member may	8958
seek relief under this section on behalf of any other family or	8959
household member, by filing a petition with the court. The	8960
petition shall contain or state:	8961

(1) An allegation that the respondent engaged in domestic	8962
violence against a family or household member of the respondent,	8963
including a description of the nature and extent of the domestic	8964
violence;	8965

(2) The relationship of the respondent to the petitioner, and	8966
to the victim if other than the petitioner;	8967

(3) A request for relief under this section.

8968

(D)(1) If a person who files a petition pursuant to this	8969
section requests an ex parte order, the court shall hold an ex	8970
parte hearing on the same day that the petition is filed. The	8971
court, for good cause shown at the ex parte hearing, may enter any	8972
temporary orders, with or without bond, including, but not limited	8973
to, an order described in division (E)(1)(a), (b), or (c) of this	8974
section, that the court finds necessary to protect the family or	8975
household member from domestic violence. Immediate and present	8976
danger of domestic violence to the family or household member	8977
constitutes good cause for purposes of this section. Immediate and	8978
present danger includes, but is not limited to, situations in	8979
which the respondent has threatened the family or household member	8980
with bodily harm, in which the respondent has threatened the	8981
family or household member with a sexually oriented offense, or in	8982
which the respondent previously has been convicted of or pleaded	8983
guilty to an offense that constitutes domestic violence against	8984
the family or household member.	8985

(2)(a) If the court, after an ex parte hearing, issues an	8986
order described in division (E)(1)(b) or (c) of this section, the	8987
court shall schedule a full hearing for a date that is within	8988
seven court days after the ex parte hearing. If any other type of	8989
protection order that is authorized under division (E) of this	8990
section is issued by the court after an ex parte hearing, the	8991
court shall schedule a full hearing for a date that is within ten	8992
court days after the ex parte hearing. The court shall give the	8993
respondent notice of, and an opportunity to be heard at, the full	8994
hearing. The court shall hold the full hearing on the date	8995
scheduled under this division unless the court grants a	8996
continuance of the hearing in accordance with this division. Under	8997
any of the following circumstances or for any of the following	8998
reasons, the court may grant a continuance of the full hearing to	8999
a reasonable time determined by the court:	9000

(i) Prior to the date scheduled for the full hearing under	9001
this division, the respondent has not been served with the	9002
petition filed pursuant to this section and notice of the full	9003
hearing.	9004

(ii) The parties consent to the continuance.

9005

(iii) The continuance is needed to allow a party to obtain	9006
counsel.	9007

(iv) The continuance is needed for other good cause.

9008

(b) An ex parte order issued under this section does not	9009
expire because of a failure to serve notice of the full hearing	9010
upon the respondent before the date set for the full hearing under	9011
division (D)(2)(a) of this section or because the court grants a	9012
continuance under that division.	9013

(3) If a person who files a petition pursuant to this section	9014
does not request an ex parte order, or if a person requests an ex	9015
parte order but the court does not issue an ex parte order after	9016
an ex parte hearing, the court shall proceed as in a normal civil	9017
action and grant a full hearing on the matter.	9018

(E)(1) After an ex parte or full hearing, the court may grant	9019
any protection order, with or without bond, or approve any consent	9020
agreement to bring about a cessation of domestic violence against	9021
the family or household members. The order or agreement may:	9022

(a) Direct the respondent to refrain from abusing or from	9023
committing sexually oriented offenses against the family or	9024
household members;	9025

(b) Grant possession of the residence or household to the	9026
petitioner or other family or household member, to the exclusion	9027
of the respondent, by evicting the respondent, when the residence	9028
or household is owned or leased solely by the petitioner or other	9029
family or household member, or by ordering the respondent to	9030
vacate the premises, when the residence or household is jointly	9031
owned or leased by the respondent, and the petitioner or other	9032
family or household member;	9033

(c) When the respondent has a duty to support the petitioner	9034
or other family or household member living in the residence or	9035
household and the respondent is the sole owner or lessee of the	9036
residence or household, grant possession of the residence or	9037
household to the petitioner or other family or household member,	9038
to the exclusion of the respondent, by ordering the respondent to	9039
vacate the premises, or, in the case of a consent agreement, allow	9040
the respondent to provide suitable, alternative housing;	9041

(d) Temporarily allocate parental rights and responsibilities	9042
for the care of, or establish temporary parenting time rights with	9043
regard to, minor children, if no other court has determined, or is	9044
determining, the allocation of parental rights and	9045
responsibilities for the minor children or parenting time rights;	9046

(e) Require the respondent to maintain support, if the	9047
respondent customarily provides for or contributes to the support	9048
of the family or household member, or if the respondent has a duty	9049
to support the petitioner or family or household member;	9050

(f) Require the respondent, petitioner, victim of domestic	9051
violence, or any combination of those persons, to seek counseling;	9052

(g) Require the respondent to refrain from entering the	9053
residence, school, business, or place of employment of the	9054
petitioner or family or household member;	9055

(h) Grant other relief that the court considers equitable and	9056
fair, including, but not limited to, ordering the respondent to	9057
permit the use of a motor vehicle by the petitioner or other	9058
family or household member and the apportionment of household and	9059
family personal property.	9060

(2) If a protection order has been issued pursuant to this	9061
section in a prior action involving the respondent and the	9062
petitioner or one or more of the family or household members or	9063
victims, the court may include in a protection order that it	9064
issues a prohibition against the respondent returning to the	9065
residence or household. If it includes a prohibition against the	9066
respondent returning to the residence or household in the order,	9067
it also shall include in the order provisions of the type	9068
described in division (E)(7) of this section. This division does	9069
not preclude the court from including in a protection order or	9070
consent agreement, in circumstances other than those described in	9071
this division, a requirement that the respondent be evicted from	9072
or vacate the residence or household or refrain from entering the	9073
residence, school, business, or place of employment of the	9074
petitioner or a family or household member, and, if the court	9075
includes any requirement of that type in an order or agreement,	9076
the court also shall include in the order provisions of the type	9077
described in division (E)(7) of this section.	9078

(3)(a) Any protection order issued or consent agreement	9079
approved under this section shall be valid until a date certain,	9080
but not later than five years from the date of its issuance or	9081
approval unless modified or terminated as provided in division	9082
(E)(8) of this section.	9083

(b) Subject to the limitation on the duration of an order or	9084
agreement set forth in division (E)(3)(a) of this section, any	9085
order under division (E)(1)(d) of this section shall terminate on	9086
the date that a court in an action for divorce, dissolution of	9087
marriage, or legal separation brought by the petitioner or	9088
respondent issues an order allocating parental rights and	9089
responsibilities for the care of children or on the date that a	9090
juvenile court in an action brought by the petitioner or	9091
respondent issues an order awarding legal custody of minor	9092
children. Subject to the limitation on the duration of an order or	9093
agreement set forth in division (E)(3)(a) of this section, any	9094
order under division (E)(1)(e) of this section shall terminate on	9095
the date that a court in an action for divorce, dissolution of	9096
marriage, or legal separation brought by the petitioner or	9097
respondent issues a support order or on the date that a juvenile	9098
court in an action brought by the petitioner or respondent issues	9099
a support order.	9100

(c) Any protection order issued or consent agreement approved	9101
pursuant to this section may be renewed in the same manner as the	9102
original order or agreement was issued or approved.	9103

(4) A court may not issue a protection order that requires a	9104
petitioner to do or to refrain from doing an act that the court	9105
may require a respondent to do or to refrain from doing under	9106
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	9107
section unless all of the following apply:	9108

(a) The respondent files a separate petition for a protection	9109
order in accordance with this section.	9110

(b) The petitioner is served notice of the respondent's	9111
petition at least forty-eight hours before the court holds a	9112
hearing with respect to the respondent's petition, or the	9113
petitioner waives the right to receive this notice.	9114

(c) If the petitioner has requested an ex parte order	9115
pursuant to division (D) of this section, the court does not delay	9116
any hearing required by that division beyond the time specified in	9117
that division in order to consolidate the hearing with a hearing	9118
on the petition filed by the respondent.	9119

(d) After a full hearing at which the respondent presents	9120
evidence in support of the request for a protection order and the	9121
petitioner is afforded an opportunity to defend against that	9122
evidence, the court determines that the petitioner has committed	9123
an act of domestic violence or has violated a temporary protection	9124
order issued pursuant to section 2919.26 of the Revised Code, that	9125
both the petitioner and the respondent acted primarily as	9126
aggressors, and that neither the petitioner nor the respondent	9127
acted primarily in self-defense.	9128

(5) No protection order issued or consent agreement approved	9129
under this section shall in any manner affect title to any real	9130
property.	9131

(6)(a) If a petitioner, or the child of a petitioner, who	9132
obtains a protection order or consent agreement pursuant to	9133
division (E)(1) of this section or a temporary protection order	9134
pursuant to section 2919.26 of the Revised Code and is the subject	9135
of a parenting time order issued pursuant to section 3109.051 or	9136
3109.12 of the Revised Code or a visitation or companionship order	9137
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	9138
Revised Code or division (E)(1)(d) of this section granting	9139
parenting time rights to the respondent, the court may require the	9140
public children services agency of the county in which the court	9141
is located to provide supervision of the respondent's exercise of	9142
parenting time or visitation or companionship rights with respect	9143
to the child for a period not to exceed nine months, if the court	9144
makes the following findings of fact:	9145

(i) The child is in danger from the respondent;

9146

(ii) No other person or agency is available to provide the	9147
supervision.	9148

(b) A court that requires an agency to provide supervision	9149
pursuant to division (E)(6)(a) of this section shall order the	9150
respondent to reimburse the agency for the cost of providing the	9151
supervision, if it determines that the respondent has sufficient	9152
income or resources to pay that cost.	9153

(7)(a) If a protection order issued or consent agreement	9154
approved under this section includes a requirement that the	9155
respondent be evicted from or vacate the residence or household or	9156
refrain from entering the residence, school, business, or place of	9157
employment of the petitioner or a family or household member, the	9158
order or agreement shall state clearly that the order or agreement	9159
cannot be waived or nullified by an invitation to the respondent	9160
from the petitioner or other family or household member to enter	9161
the residence, school, business, or place of employment or by the	9162
respondent's entry into one of those places otherwise upon the	9163
consent of the petitioner or other family or household member.	9164

(b) Division (E)(7)(a) of this section does not limit any	9165
discretion of a court to determine that a respondent charged with	9166
a violation of section 2919.27 of the Revised Code, with a	9167
violation of a municipal ordinance substantially equivalent to	9168
that section, or with contempt of court, which charge is based on	9169
an alleged violation of a protection order issued or consent	9170
agreement approved under this section, did not commit the	9171
violation or was not in contempt of court.	9172

(8)(a) The court may modify or terminate as provided in	9173
division (E)(8) of this section a protection order or consent	9174
agreement that was issued after a full hearing under this section.	9175
The court that issued the protection order or approved the consent	9176
agreement shall hear a motion for modification or termination of	9177
the protection order or consent agreement pursuant to division	9178
(E)(8) of this section.	9179

(b) Either the petitioner or the respondent of the original	9180
protection order or consent agreement may bring a motion for	9181
modification or termination of a protection order or consent	9182
agreement that was issued or approved after a full hearing. The	9183
court shall require notice of the motion to be made as provided by	9184
the Rules of Civil Procedure. If the petitioner for the original	9185
protection order or consent agreement has requested that the	9186
petitioner's address be kept confidential, the court shall not	9187
disclose the address to the respondent of the original protection	9188
order or consent agreement or any other person, except as	9189
otherwise required by law. The moving party has the burden of	9190
proof to show, by a preponderance of the evidence, that	9191
modification or termination of the protection order or consent	9192
agreement is appropriate because either the protection order or	9193
consent agreement is no longer needed or because the terms of the	9194
original protection order or consent agreement are no longer	9195
appropriate.	9196

(c) In considering whether to modify or terminate a	9197
protection order or consent agreement issued or approved under	9198
this section, the court shall consider all relevant factors,	9199
including, but not limited to, the following:	9200

(i) Whether the petitioner consents to modification or	9201
termination of the protection order or consent agreement;	9202

(ii) Whether the petitioner fears the respondent;

9203

(iii) The current nature of the relationship between the	9204
petitioner and the respondent;	9205

(iv) The circumstances of the petitioner and respondent,	9206
including the relative proximity of the petitioner's and	9207
respondent's workplaces and residences and whether the petitioner	9208
and respondent have minor children together;	9209

(v) Whether the respondent has complied with the terms and	9210
conditions of the original protection order or consent agreement;	9211

(vi) Whether the respondent has a continuing involvement with	9212
illegal drugs or alcohol;	9213

(vii) Whether the respondent has been convicted of or pleaded	9214
guilty to an offense of violence since the issuance of the	9215
protection order or approval of the consent agreement;	9216

(viii) Whether any other protection orders, consent	9217
agreements, restraining orders, or no contact orders have been	9218
issued against the respondent pursuant to this section, section	9219
2919.26 of the Revised Code, any other provision of state law, or	9220
the law of any other state;	9221

(ix) Whether the respondent has participated in any domestic	9222
violence treatment, intervention program, or other counseling	9223
addressing domestic violence and whether the respondent has	9224
completed the treatment, program, or counseling;	9225

(x) The time that has elapsed since the protection order was	9226
issued or since the consent agreement was approved;	9227

(xi) The age and health of the respondent;

9228

(xii) When the last incident of abuse, threat of harm, or	9229
commission of a sexually oriented offense occurred or other	9230
relevant information concerning the safety and protection of the	9231
petitioner or other protected parties.	9232

(d) If a protection order or consent agreement is modified or	9233
terminated as provided in division (E)(8) of this section, the	9234
court shall issue copies of the modified or terminated order or	9235
agreement as provided in division (F) of this section. A	9236
petitioner may also provide notice of the modification or	9237
termination to the judicial and law enforcement officials in any	9238
county other than the county in which the order or agreement is	9239
modified or terminated as provided in division (N) of this	9240
section.	9241

(e) If the respondent moves for modification or termination	9242
of a protection order or consent agreement pursuant to this	9243
section, the court may assess costs against the respondent for the	9244
filing of the motion.	9245

(F)(1) A copy of any protection order, or consent agreement,	9246
that is issued, approved, modified, or terminated under this	9247
section shall be issued by the court to the petitioner, to the	9248
respondent, and to all law enforcement agencies that have	9249
jurisdiction to enforce the order or agreement. The court shall	9250
direct that a copy of an order be delivered to the respondent on	9251
the same day that the order is entered.	9252

(2) Upon the issuance of a protection order or the approval	9253
of a consent agreement under this section, the court shall provide	9254
the parties to the order or agreement with the following notice	9255
orally or by form:	9256

"NOTICE	9257

As a result of this order or consent agreement, it may be	9258
unlawful for you to possess or purchase a firearm, including a	9259
rifle, pistol, or revolver, or ammunition pursuant to federal law	9260
under 18 U.S.C. 922(g)(8). If you have any questions whether this	9261
law makes it illegal for you to possess or purchase a firearm or	9262
ammunition, you should consult an attorney."	9263

(3) All law enforcement agencies shall establish and maintain	9264
an index for the protection orders and the approved consent	9265
agreements delivered to the agencies pursuant to division (F)(1)	9266
of this section. With respect to each order and consent agreement	9267
delivered, each agency shall note on the index the date and time	9268
that it received the order or consent agreement.	9269

~~(3)~~(4) Regardless of whether the petitioner has registered	9270
the order or agreement in the county in which the officer's agency	9271
has jurisdiction pursuant to division (N) of this section, any	9272
officer of a law enforcement agency shall enforce a protection	9273
order issued or consent agreement approved by any court in this	9274
state in accordance with the provisions of the order or agreement,	9275
including removing the respondent from the premises, if	9276
appropriate.	9277

(G) Any proceeding under this section shall be conducted in	9278
accordance with the Rules of Civil Procedure, except that an order	9279
under this section may be obtained with or without bond. An order	9280
issued under this section, other than an ex parte order, that	9281
grants a protection order or approves a consent agreement, that	9282
refuses to grant a protection order or approve a consent agreement	9283
that modifies or terminates a protection order or consent	9284
agreement, or that refuses to modify or terminate a protection	9285
order or consent agreement, is a final, appealable order. The	9286
remedies and procedures provided in this section are in addition	9287
to, and not in lieu of, any other available civil or criminal	9288
remedies.	9289

(H) The filing of proceedings under this section does not	9290
excuse a person from filing any report or giving any notice	9291
required by section 2151.421 of the Revised Code or by any other	9292
law. When a petition under this section alleges domestic violence	9293
against minor children, the court shall report the fact, or cause	9294
reports to be made, to a county, township, or municipal peace	9295
officer under section 2151.421 of the Revised Code.	9296

(I) Any law enforcement agency that investigates a domestic	9297
dispute shall provide information to the family or household	9298
members involved regarding the relief available under this section	9299
and section 2919.26 of the Revised Code.	9300

(J) Notwithstanding any provision of law to the contrary and	9301
regardless of whether a protection order is issued or a consent	9302
agreement is approved by a court of another county or a court of	9303
another state, no court or unit of state or local government shall	9304
charge any fee, cost, deposit, or money in connection with the	9305
filing of a petition pursuant to this section or in connection	9306
with the filing, issuance, registration, or service of a	9307
protection order or consent agreement, or for obtaining a	9308
certified copy of a protection order or consent agreement.	9309

(K)(1) The court shall comply with Chapters 3119., 3121.,	9310
3123., and 3125. of the Revised Code when it makes or modifies an	9311
order for child support under this section.	9312

(2) If any person required to pay child support under an	9313
order made under this section on or after April 15, 1985, or	9314
modified under this section on or after December 31, 1986, is	9315
found in contempt of court for failure to make support payments	9316
under the order, the court that makes the finding, in addition to	9317
any other penalty or remedy imposed, shall assess all court costs	9318
arising out of the contempt proceeding against the person and	9319
require the person to pay any reasonable attorney's fees of any	9320
adverse party, as determined by the court, that arose in relation	9321
to the act of contempt.	9322

(L)(1) A person who violates a protection order issued or a	9323
consent agreement approved under this section is subject to the	9324
following sanctions:	9325

(a) Criminal prosecution for a violation of section 2919.27	9326
of the Revised Code, if the violation of the protection order or	9327
consent agreement constitutes a violation of that section;	9328

(b) Punishment for contempt of court.

9329

(2) The punishment of a person for contempt of court for	9330
violation of a protection order issued or a consent agreement	9331
approved under this section does not bar criminal prosecution of	9332
the person for a violation of section 2919.27 of the Revised Code.	9333
However, a person punished for contempt of court is entitled to	9334
credit for the punishment imposed upon conviction of a violation	9335
of that section, and a person convicted of a violation of that	9336
section shall not subsequently be punished for contempt of court	9337
arising out of the same activity.	9338

(M) In all stages of a proceeding under this section, a	9339
petitioner may be accompanied by a victim advocate.	9340

(N)(1) A petitioner who obtains a protection order or consent	9341
agreement under this section or a temporary protection order under	9342
section 2919.26 of the Revised Code may provide notice of the	9343
issuance or approval of the order or agreement to the judicial and	9344
law enforcement officials in any county other than the county in	9345
which the order is issued or the agreement is approved by	9346
registering that order or agreement in the other county pursuant	9347
to division (N)(2) of this section and filing a copy of the	9348
registered order or registered agreement with a law enforcement	9349
agency in the other county in accordance with that division. A	9350
person who obtains a protection order issued by a court of another	9351
state may provide notice of the issuance of the order to the	9352
judicial and law enforcement officials in any county of this state	9353
by registering the order in that county pursuant to section	9354
2919.272 of the Revised Code and filing a copy of the registered	9355
order with a law enforcement agency in that county.	9356

(2) A petitioner may register a temporary protection order,	9357
protection order, or consent agreement in a county other than the	9358
county in which the court that issued the order or approved the	9359
agreement is located in the following manner:	9360

(a) The petitioner shall obtain a certified copy of the order	9361
or agreement from the clerk of the court that issued the order or	9362
approved the agreement and present that certified copy to the	9363
clerk of the court of common pleas or the clerk of a municipal	9364
court or county court in the county in which the order or	9365
agreement is to be registered.	9366

(b) Upon accepting the certified copy of the order or	9367
agreement for registration, the clerk of the court of common	9368
pleas, municipal court, or county court shall place an endorsement	9369
of registration on the order or agreement and give the petitioner	9370
a copy of the order or agreement that bears that proof of	9371
registration.	9372

(3) The clerk of each court of common pleas, the clerk of	9373
each municipal court, and the clerk of each county court shall	9374
maintain a registry of certified copies of temporary protection	9375
orders, protection orders, or consent agreements that have been	9376
issued or approved by courts in other counties and that have been	9377
registered with the clerk.	9378

Sec. 3119.023. When a court or child support enforcement	9379
agency calculates the amount of child support to be paid pursuant	9380
to a court child support order in a proceeding in which the	9381
parents have split parental rights and responsibilities with	9382
respect to the children who are the subject of the child support	9383
order, the court or child support enforcement agency shall use a	9384
worksheet that is identical in content and form to the following:	9385

CHILD SUPPORT COMPUTATION WORKSHEET	9386

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	9387

Name of parties ................................................	9388

Case No. .......................................................	9389

Number of minor children .......................................	9390

Number of minor children with mother .......... father .........	9391

		Column I	Column II	Column III	9392
		Father	Mother	Combined	9393
INCOME:					9394
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)				9395
		$......	$......		9396
b.	Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)				9397

Father	Mother	9398
Yr. 3 $..........	Yr. 3 $..........	9399
(Three years ago)	(Three years ago)	9400
Yr. 2 $..........	Yr. 2 $..........	9401
(Two years ago)	(Two years ago)	9402
Yr. 1 $..........	Yr. 1 $..........	9403
(Last calendar year)	(Last calendar year)	9404
Average $..........	$............	9405

	(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)				9406
		$......	$......		9407
2.	For self-employment income				9408
a.	Gross receipts from business				9409
		$......	$......		9410
b.	Ordinary and necessary business expenses				9411
		$......	$......		9412
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				9413
		$......	$......		9414
d.	Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)				9415
		$......	$......		9416
3.	Annual income from interest and dividends (whether or not taxable)				9417
		$......	$......		9418
4.	Annual income from unemployment compensation				9419
		$......	$......		9420
5.	Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits				9421
		$......	$......		9422
6.	Other annual income (identify)				9423
		$......	$......		9424
7.a.	Total annual gross income (add lines 1a, 1b, 2d, and 3-6)				9425
		$......	$......		9426
b.	Health insurance maximum (multiply line 7a by 5%)				9427
		$......	$......		9428
ADJUSTMENTS TO INCOME:					9429
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)				9430
		$......	$......		9431
9.	Annual court-ordered support paid for other children				9432
		$......	$......		9433
10.	Annual court-ordered spousal support paid to any spouse or former spouse				9434
		$......	$......		9435
11.	Amount of local income taxes actually paid or estimated to be paid				9436
		$......	$......		9437
12.	Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)				9438
		$......	$......		9439
13.	Total gross income adjustments (add lines 8 through 12)				9440
		$......	$......		9441
14.a.	Adjusted annual gross income (subtract line 13 from 7a)				9442
		$......	$......		9443
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.)				9444
		$......	$......		9445
15.	Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)				9446
				$......	9447
16.	Percentage of parent's income to total income				9448
a.	Father (divide line 14a, Col. I, by line 15, Col. III) ......%				9449
b.	Mother (divide line 14a, Col. II, by line 15, Col. III) ......%				9450
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		9451

		$......	$......	9452
18.	Annual support obligation per parent			9453
a.	Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)			9454
		$......		9455
b.	Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)			9456
			$......	9457
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	9458
		$......	$......	9459
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	9460
		$......	$......	9461
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)			9462
		$......	$......	9463

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			9464
		Father		Mother	9465
	a.	Additions: line 16a	b.	Additions: line 16b	9466
		times sum of amounts		times sum of amounts	9467
		shown on line 19, Col. II		shown on line 19, Col. I	9468
		and line 20a, Col. II		and line 20a, Col. I	9469
		$......................		$......................	9470
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	9471
		times sum of amounts		times sum of amounts	9472
		shown on line 19, Col. I		shown on line 19, Col. II	9473
		and line 20a, Col. I		and line 20a, Col. II	9474
		$.......................		$.......................	9475

22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			9476
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)			9477
		$......		9478
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			9479
		$......		9480
c.	Actual annual obligation of father (subtract line 22b from line 22a)			9481
		$......		9482
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)			9483
			$......	9484
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			9485
			$......	9486
f.	Actual annual obligation of mother (subtract line 22e from line 22d)			9487
			$......	9488
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)			9489
		$......	$......	9490
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			9491

	Father		Mother	9492
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	9493
	$...............		$...............	9494
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	9495
	$...............		$...............	9496

24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			9497
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)	$......		9498
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	$......		9499
c.	Actual annual obligation of the father (subtract line 24b from line 24a)	$......		9500
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)			9501
			$......	9502
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			9503
			$......	9504
f.	Actual annual obligation of the mother (subtract line 24e from line 24d)		$......	9505
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)			9506
		$......	$......	9507
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			9508
		$......	$......	9509

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.)				9510
		9511
		9512
		9513
		9514
					9515
		WHEN	WHEN		9516
		HEALTH	HEALTH		9517
		INSURANCE	INSURANCE		9518
		IS	IS NOT		9519
		PROVIDED	PROVIDED		9520
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.)				9521
		$......	$......	Father/Mother, OBLIGOR	9522
27.	FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge				9523
		$......	$......		9524
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)				9525
			$......		9526
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				9527
			$......		9528

Prepared by:		9529
Counsel: ....................	Pro se: .................	9530
(For mother/father)		9531
CSEA: .......................	Other: ..................	9532

Worksheet Has Been Reviewed and Agreed To:	9533

...........................	...........................	9534
Mother	Date	9535
...........................	...........................	9536
Father	Date	9537

Sec. 3119.54. ~~If either~~A party to a child support order	9538
issued in accordance with section 3119.30 of the Revised Code is	9539
~~eligible for medical assistance under Chapter 5111. or 5115. of~~	9540
~~the Revised Code and the other party has obtained health insurance~~	9541
~~coverage, the party eligible for medical assistance~~ shall notify	9542
any physician, hospital, or other provider of medical services ~~for~~	9543
~~which medical assistance is available of the name and address of~~	9544
~~the other party's insurer and~~that provides medical services to	9545
the child who is the subject of the child support order of the	9546
number of ~~the other party's~~any health insurance or health care	9547
policy, contract, or plan that covers the child if the child is	9548
eligible for medical assistance under sections 5101.5211 to	9549
5101.5216 or Chapter 5111. or 5115. of the Revised Code. The party	9550
shall include in the notice the name and address of the insurer.	9551
Any physician, hospital, or other provider of medical services for	9552
which medical assistance is available under sections 5101.5211 to	9553
5101.5216 or Chapter 5111. or 5115. of the Revised Code who is	9554
notified under this ~~division~~section of the existence of a health	9555
insurance or health care policy, contract, or plan with coverage	9556
for children who are eligible for medical assistance shall first	9557
bill the insurer for any services provided for those children. If	9558
the insurer fails to pay all or any part of a claim filed under	9559
this section and the services for which the claim is filed are	9560
covered by sections 5101.5211 to 5101.5216 or Chapter 5111. or	9561
5115. of the Revised Code, the physician, hospital, or other	9562
medical services provider shall bill the remaining unpaid costs of	9563
the services in accordance with sections 5101.5211 to 5101.5216 or	9564
Chapter 5111. or 5115. of the Revised Code.	9565

Sec. 3301.0714. (A) The state board of education shall adopt	9566
rules for a statewide education management information system. The	9567
rules shall require the state board to establish guidelines for	9568
the establishment and maintenance of the system in accordance with	9569
this section and the rules adopted under this section. The	9570
guidelines shall include:	9571

(1) Standards identifying and defining the types of data in	9572
the system in accordance with divisions (B) and (C) of this	9573
section;	9574

(2) Procedures for annually collecting and reporting the data	9575
to the state board in accordance with division (D) of this	9576
section;	9577

(3) Procedures for annually compiling the data in accordance	9578
with division (G) of this section;	9579

(4) Procedures for annually reporting the data to the public	9580
in accordance with division (H) of this section.	9581

(B) The guidelines adopted under this section shall require	9582
the data maintained in the education management information system	9583
to include at least the following:	9584

(1) Student participation and performance data, for each	9585
grade in each school district as a whole and for each grade in	9586
each school building in each school district, that includes:	9587

(a) The numbers of students receiving each category of	9588
instructional service offered by the school district, such as	9589
regular education instruction, vocational education instruction,	9590
specialized instruction programs or enrichment instruction that is	9591
part of the educational curriculum, instruction for gifted	9592
students, instruction for students with disabilities, and	9593
remedial instruction. The guidelines shall require instructional	9594
services under this division to be divided into discrete	9595
categories if an instructional service is limited to a specific	9596
subject, a specific type of student, or both, such as regular	9597
instructional services in mathematics, remedial reading	9598
instructional services, instructional services specifically for	9599
students gifted in mathematics or some other subject area, or	9600
instructional services for students with a specific type of	9601
disability. The categories of instructional services required by	9602
the guidelines under this division shall be the same as the	9603
categories of instructional services used in determining cost	9604
units pursuant to division (C)(3) of this section.	9605

(b) The numbers of students receiving support or	9606
extracurricular services for each of the support services or	9607
extracurricular programs offered by the school district, such as	9608
counseling services, health services, and extracurricular sports	9609
and fine arts programs. The categories of services required by the	9610
guidelines under this division shall be the same as the categories	9611
of services used in determining cost units pursuant to division	9612
(C)(4)(a) of this section.	9613

(c) Average student grades in each subject in grades nine	9614
through twelve;	9615

(d) Academic achievement levels as assessed by the testing of	9616
student achievement under sections 3301.0710 and 3301.0711 of the	9617
Revised Code;	9618

(e) The number of students designated as having a disabling	9619
condition pursuant to division (C)(1) of section 3301.0711 of the	9620
Revised Code;	9621

(f) The numbers of students reported to the state board	9622
pursuant to division (C)(2) of section 3301.0711 of the Revised	9623
Code;	9624

(g) Attendance rates and the average daily attendance for the	9625
year. For purposes of this division, a student shall be counted as	9626
present for any field trip that is approved by the school	9627
administration.	9628

(h) Expulsion rates;

9629

(i) Suspension rates;

9630

(j) The percentage of students receiving corporal punishment;

9631

(k) Dropout rates;

9632

(l) Rates of retention in grade;

9633

(m) For pupils in grades nine through twelve, the average	9634
number of carnegie units, as calculated in accordance with state	9635
board of education rules;	9636

(n) Graduation rates, to be calculated in a manner specified	9637
by the department of education that reflects the rate at which	9638
students who were in the ninth grade three years prior to the	9639
current year complete school and that is consistent with	9640
nationally accepted reporting requirements;	9641

(o) Results of diagnostic assessments administered to	9642
kindergarten students as required under section 3301.0715 of the	9643
Revised Code to permit a comparison of the academic readiness of	9644
kindergarten students. However, no district shall be required to	9645
report to the department the results of any diagnostic assessment	9646
administered to a kindergarten student if the parent of that	9647
student requests the district not to report those results.	9648

(2) Personnel and classroom enrollment data for each school	9649
district, including:	9650

(a) The total numbers of licensed employees and nonlicensed	9651
employees and the numbers of full-time equivalent licensed	9652
employees and nonlicensed employees providing each category of	9653
instructional service, instructional support service, and	9654
administrative support service used pursuant to division (C)(3) of	9655
this section. The guidelines adopted under this section shall	9656
require these categories of data to be maintained for the school	9657
district as a whole and, wherever applicable, for each grade in	9658
the school district as a whole, for each school building as a	9659
whole, and for each grade in each school building.	9660

(b) The total number of employees and the number of full-time	9661
equivalent employees providing each category of service used	9662
pursuant to divisions (C)(4)(a) and (b) of this section, and the	9663
total numbers of licensed employees and nonlicensed employees and	9664
the numbers of full-time equivalent licensed employees and	9665
nonlicensed employees providing each category used pursuant to	9666
division (C)(4)(c) of this section. The guidelines adopted under	9667
this section shall require these categories of data to be	9668
maintained for the school district as a whole and, wherever	9669
applicable, for each grade in the school district as a whole, for	9670
each school building as a whole, and for each grade in each school	9671
building.	9672

(c) The total number of regular classroom teachers teaching	9673
classes of regular education and the average number of pupils	9674
enrolled in each such class, in each of grades kindergarten	9675
through five in the district as a whole and in each school	9676
building in the school district.	9677

(d) The number of master teachers employed by each school	9678
district and each school building, once a definition of master	9679
teacher has been developed by the educator standards board	9680
pursuant to section 3319.61 of the Revised Code.	9681

(3)(a) Student demographic data for each school district,	9682
including information regarding the gender ratio of the school	9683
district's pupils, the racial make-up of the school district's	9684
pupils, the number of limited English proficient students in the	9685
district, and an appropriate measure of the number of the school	9686
district's pupils who reside in economically disadvantaged	9687
households. The demographic data shall be collected in a manner to	9688
allow correlation with data collected under division (B)(1) of	9689
this section. Categories for data collected pursuant to division	9690
(B)(3) of this section shall conform, where appropriate, to	9691
standard practices of agencies of the federal government.	9692

(b) With respect to each student entering kindergarten,	9693
whether the student previously participated in a public preschool	9694
program, a private preschool program, or a head start program, and	9695
the number of years the student participated in each of these	9696
programs.	9697

(4) Any data required to be collected pursuant to federal	9698
law.	9699

(C) The education management information system shall include	9700
cost accounting data for each district as a whole and for each	9701
school building in each school district. The guidelines adopted	9702
under this section shall require the cost data for each school	9703
district to be maintained in a system of mutually exclusive cost	9704
units and shall require all of the costs of each school district	9705
to be divided among the cost units. The guidelines shall require	9706
the system of mutually exclusive cost units to include at least	9707
the following:	9708

(1) Administrative costs for the school district as a whole.	9709
The guidelines shall require the cost units under this division	9710
(C)(1) to be designed so that each of them may be compiled and	9711
reported in terms of average expenditure per pupil in formula ADM	9712
in the school district, as determined pursuant to section 3317.03	9713
of the Revised Code.	9714

(2) Administrative costs for each school building in the	9715
school district. The guidelines shall require the cost units under	9716
this division (C)(2) to be designed so that each of them may be	9717
compiled and reported in terms of average expenditure per	9718
full-time equivalent pupil receiving instructional or support	9719
services in each building.	9720

(3) Instructional services costs for each category of	9721
instructional service provided directly to students and required	9722
by guidelines adopted pursuant to division (B)(1)(a) of this	9723
section. The guidelines shall require the cost units under	9724
division (C)(3) of this section to be designed so that each of	9725
them may be compiled and reported in terms of average expenditure	9726
per pupil receiving the service in the school district as a whole	9727
and average expenditure per pupil receiving the service in each	9728
building in the school district and in terms of a total cost for	9729
each category of service and, as a breakdown of the total cost, a	9730
cost for each of the following components:	9731

(a) The cost of each instructional services category required	9732
by guidelines adopted under division (B)(1)(a) of this section	9733
that is provided directly to students by a classroom teacher;	9734

(b) The cost of the instructional support services, such as	9735
services provided by a speech-language pathologist, classroom	9736
aide, multimedia aide, or librarian, provided directly to students	9737
in conjunction with each instructional services category;	9738

(c) The cost of the administrative support services related	9739
to each instructional services category, such as the cost of	9740
personnel that develop the curriculum for the instructional	9741
services category and the cost of personnel supervising or	9742
coordinating the delivery of the instructional services category.	9743

(4) Support or extracurricular services costs for each	9744
category of service directly provided to students and required by	9745
guidelines adopted pursuant to division (B)(1)(b) of this section.	9746
The guidelines shall require the cost units under division (C)(4)	9747
of this section to be designed so that each of them may be	9748
compiled and reported in terms of average expenditure per pupil	9749
receiving the service in the school district as a whole and	9750
average expenditure per pupil receiving the service in each	9751
building in the school district and in terms of a total cost for	9752
each category of service and, as a breakdown of the total cost, a	9753
cost for each of the following components:	9754

(a) The cost of each support or extracurricular services	9755
category required by guidelines adopted under division (B)(1)(b)	9756
of this section that is provided directly to students by a	9757
licensed employee, such as services provided by a guidance	9758
counselor or any services provided by a licensed employee under a	9759
supplemental contract;	9760

(b) The cost of each such services category provided directly	9761
to students by a nonlicensed employee, such as janitorial	9762
services, cafeteria services, or services of a sports trainer;	9763

(c) The cost of the administrative services related to each	9764
services category in division (C)(4)(a) or (b) of this section,	9765
such as the cost of any licensed or nonlicensed employees that	9766
develop, supervise, coordinate, or otherwise are involved in	9767
administering or aiding the delivery of each services category.	9768

(D)(1) The guidelines adopted under this section shall	9769
require school districts to collect information about individual	9770
students, staff members, or both in connection with any data	9771
required by division (B) or (C) of this section or other reporting	9772
requirements established in the Revised Code. The guidelines may	9773
also require school districts to report information about	9774
individual staff members in connection with any data required by	9775
division (B) or (C) of this section or other reporting	9776
requirements established in the Revised Code. The guidelines shall	9777
not authorize school districts to request social security numbers	9778
of individual students. The guidelines shall prohibit the	9779
reporting under this section of a student's name, address, and	9780
social security number to the state board of education or the	9781
department of education. The guidelines shall also prohibit the	9782
reporting under this section of any personally identifiable	9783
information about any student, except for the purpose of assigning	9784
the data verification code required by division (D)(2) of this	9785
section, to any other person unless such person is employed by the	9786
school district or the information technology center operated	9787
under section 3301.075 of the Revised Code and is authorized by	9788
the district or technology center to have access to such	9789
information or is employed by an entity with which the department	9790
contracts for the scoring of tests administered under section	9791
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	9792
require school districts to provide the social security numbers of	9793
individual staff members.	9794

(2) The guidelines shall provide for each school district or	9795
community school to assign a data verification code that is unique	9796
on a statewide basis over time to each student whose initial Ohio	9797
enrollment is in that district or school and to report all	9798
required individual student data for that student utilizing such	9799
code. The guidelines shall also provide for assigning data	9800
verification codes to all students enrolled in districts or	9801
community schools on the effective date of the guidelines	9802
established under this section.	9803

Individual student data shall be reported to the department	9804
through the information technology centers utilizing the code but,	9805
except as provided in ~~section~~sections 3310.11, 3310.42, 3313.978,	9806
and 3317.20 of the Revised Code, at no time shall the state board	9807
or the department have access to information that would enable any	9808
data verification code to be matched to personally identifiable	9809
student data.	9810

Each school district shall ensure that the data verification	9811
code is included in the student's records reported to any	9812
subsequent school district or community school in which the	9813
student enrolls. Any such subsequent district or school shall	9814
utilize the same identifier in its reporting of data under this	9815
section.	9816

The director of health shall request and receive, pursuant to	9817
sections 3301.0723 and 3701.62 of the Revised Code, a data	9818
verification code for a child who is receiving services under	9819
division (A)(2) of section 3701.61 of the Revised Code.	9820

(E) The guidelines adopted under this section may require	9821
school districts to collect and report data, information, or	9822
reports other than that described in divisions (A), (B), and (C)	9823
of this section for the purpose of complying with other reporting	9824
requirements established in the Revised Code. The other data,	9825
information, or reports may be maintained in the education	9826
management information system but are not required to be compiled	9827
as part of the profile formats required under division (G) of this	9828
section or the annual statewide report required under division (H)	9829
of this section.	9830

(F) Beginning with the school year that begins July 1, 1991,	9831
the board of education of each school district shall annually	9832
collect and report to the state board, in accordance with the	9833
guidelines established by the board, the data required pursuant to	9834
this section. A school district may collect and report these data	9835
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	9836

(G) The state board shall, in accordance with the procedures	9837
it adopts, annually compile the data reported by each school	9838
district pursuant to division (D) of this section. The state board	9839
shall design formats for profiling each school district as a whole	9840
and each school building within each district and shall compile	9841
the data in accordance with these formats. These profile formats	9842
shall:	9843

(1) Include all of the data gathered under this section in a	9844
manner that facilitates comparison among school districts and	9845
among school buildings within each school district;	9846

(2) Present the data on academic achievement levels as	9847
assessed by the testing of student achievement maintained pursuant	9848
to division (B)(1)(d) of this section.	9849

(H)(1) The state board shall, in accordance with the	9850
procedures it adopts, annually prepare a statewide report for all	9851
school districts and the general public that includes the profile	9852
of each of the school districts developed pursuant to division (G)	9853
of this section. Copies of the report shall be sent to each school	9854
district.	9855

(2) The state board shall, in accordance with the procedures	9856
it adopts, annually prepare an individual report for each school	9857
district and the general public that includes the profiles of each	9858
of the school buildings in that school district developed pursuant	9859
to division (G) of this section. Copies of the report shall be	9860
sent to the superintendent of the district and to each member of	9861
the district board of education.	9862

(3) Copies of the reports received from the state board under	9863
divisions (H)(1) and (2) of this section shall be made available	9864
to the general public at each school district's offices. Each	9865
district board of education shall make copies of each report	9866
available to any person upon request and payment of a reasonable	9867
fee for the cost of reproducing the report. The board shall	9868
annually publish in a newspaper of general circulation in the	9869
school district, at least twice during the two weeks prior to the	9870
week in which the reports will first be available, a notice	9871
containing the address where the reports are available and the	9872
date on which the reports will be available.	9873

(I) Any data that is collected or maintained pursuant to this	9874
section and that identifies an individual pupil is not a public	9875
record for the purposes of section 149.43 of the Revised Code.	9876

(J) As used in this section:

9877

(1) "School district" means any city, local, exempted	9878
village, or joint vocational school district and, in accordance	9879
with section 3314.17 of the Revised Code, any community school. As	9880
used in division (L) of this section, "school district" also	9881
includes any educational service center or other educational	9882
entity required to submit data using the system established under	9883
this section.	9884

(2) "Cost" means any expenditure for operating expenses made	9885
by a school district excluding any expenditures for debt	9886
retirement except for payments made to any commercial lending	9887
institution for any loan approved pursuant to section 3313.483 of	9888
the Revised Code.	9889

(K) Any person who removes data from the information system	9890
established under this section for the purpose of releasing it to	9891
any person not entitled under law to have access to such	9892
information is subject to section 2913.42 of the Revised Code	9893
prohibiting tampering with data.	9894

(L)(1) In accordance with division (L)(2) of this section and	9895
the rules adopted under division (L)(10) of this section, the	9896
department of education may sanction any school district that	9897
reports incomplete or inaccurate data, reports data that does not	9898
conform to data requirements and descriptions published by the	9899
department, fails to report data in a timely manner, or otherwise	9900
does not make a good faith effort to report data as required by	9901
this section.	9902

(2) If the department decides to sanction a school district	9903
under this division, the department shall take the following	9904
sequential actions:	9905

(a) Notify the district in writing that the department has	9906
determined that data has not been reported as required under this	9907
section and require the district to review its data submission and	9908
submit corrected data by a deadline established by the department.	9909
The department also may require the district to develop a	9910
corrective action plan, which shall include provisions for the	9911
district to provide mandatory staff training on data reporting	9912
procedures.	9913

(b) Withhold up to ten per cent of the total amount of state	9914
funds due to the district for the current fiscal year and, if not	9915
previously required under division (L)(2)(a) of this section,	9916
require the district to develop a corrective action plan in	9917
accordance with that division;	9918

(c) Withhold an additional amount of up to twenty per cent of	9919
the total amount of state funds due to the district for the	9920
current fiscal year;	9921

(d) Direct department staff or an outside entity to	9922
investigate the district's data reporting practices and make	9923
recommendations for subsequent actions. The recommendations may	9924
include one or more of the following actions:	9925

(i) Arrange for an audit of the district's data reporting	9926
practices by department staff or an outside entity;	9927

(ii) Conduct a site visit and evaluation of the district;

9928

(iii) Withhold an additional amount of up to thirty per cent	9929
of the total amount of state funds due to the district for the	9930
current fiscal year;	9931

(iv) Continue monitoring the district's data reporting;

9932

(v) Assign department staff to supervise the district's data	9933
management system;	9934

(vi) Conduct an investigation to determine whether to suspend	9935
or revoke the license of any district employee in accordance with	9936
division (N) of this section;	9937

(vii) If the district is issued a report card under section	9938
3302.03 of the Revised Code, indicate on the report card that the	9939
district has been sanctioned for failing to report data as	9940
required by this section;	9941

(viii) If the district is issued a report card under section	9942
3302.03 of the Revised Code and incomplete or inaccurate data	9943
submitted by the district likely caused the district to receive a	9944
higher performance rating than it deserved under that section,	9945
issue a revised report card for the district;	9946

(ix) Any other action designed to correct the district's data	9947
reporting problems.	9948

(3) Any time the department takes an action against a school	9949
district under division (L)(2) of this section, the department	9950
shall make a report of the circumstances that prompted the action.	9951
The department shall send a copy of the report to the district	9952
superintendent or chief administrator and maintain a copy of the	9953
report in its files.	9954

(4) If any action taken under division (L)(2) of this section	9955
resolves a school district's data reporting problems to the	9956
department's satisfaction, the department shall not take any	9957
further actions described by that division. If the department	9958
withheld funds from the district under that division, the	9959
department may release those funds to the district, except that if	9960
the department withheld funding under division (L)(2)(c) of this	9961
section, the department shall not release the funds withheld under	9962
division (L)(2)(b) of this section and, if the department withheld	9963
funding under division (L)(2)(d) of this section, the department	9964
shall not release the funds withheld under division (L)(2)(b) or	9965
(c) of this section.	9966

(5) Notwithstanding anything in this section to the contrary,	9967
the department may use its own staff or an outside entity to	9968
conduct an audit of a school district's data reporting practices	9969
any time the department has reason to believe the district has not	9970
made a good faith effort to report data as required by this	9971
section. If any audit conducted by an outside entity under	9972
division (L)(2)(d)(i) or (5) of this section confirms that a	9973
district has not made a good faith effort to report data as	9974
required by this section, the district shall reimburse the	9975
department for the full cost of the audit. The department may	9976
withhold state funds due to the district for this purpose.	9977

(6) Prior to issuing a revised report card for a school	9978
district under division (L)(2)(d)(viii) of this section, the	9979
department may hold a hearing to provide the district with an	9980
opportunity to demonstrate that it made a good faith effort to	9981
report data as required by this section. The hearing shall be	9982
conducted by a referee appointed by the department. Based on the	9983
information provided in the hearing, the referee shall recommend	9984
whether the department should issue a revised report card for the	9985
district. If the referee affirms the department's contention that	9986
the district did not make a good faith effort to report data as	9987
required by this section, the district shall bear the full cost of	9988
conducting the hearing and of issuing any revised report card.	9989

(7) If the department determines that any inaccurate data	9990
reported under this section caused a school district to receive	9991
excess state funds in any fiscal year, the district shall	9992
reimburse the department an amount equal to the excess funds, in	9993
accordance with a payment schedule determined by the department.	9994
The department may withhold state funds due to the district for	9995
this purpose.	9996

(8) Any school district that has funds withheld under	9997
division (L)(2) of this section may appeal the withholding in	9998
accordance with Chapter 119. of the Revised Code.	9999

(9) In all cases of a disagreement between the department and	10000
a school district regarding the appropriateness of an action taken	10001
under division (L)(2) of this section, the burden of proof shall	10002
be on the district to demonstrate that it made a good faith effort	10003
to report data as required by this section.	10004

(10) The state board of education shall adopt rules under	10005
Chapter 119. of the Revised Code to implement division (L) of this	10006
section.	10007

(M) No information technology center or school district shall	10008
acquire, change, or update its student administration software	10009
package to manage and report data required to be reported to the	10010
department unless it converts to a student software package that	10011
is certified by the department.	10012

(N) The state board of education, in accordance with sections	10013
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	10014
license as defined under division (A) of section 3319.31 of the	10015
Revised Code that has been issued to any school district employee	10016
found to have willfully reported erroneous, inaccurate, or	10017
incomplete data to the education management information system.	10018

(O) No person shall release or maintain any information about	10019
any student in violation of this section. Whoever violates this	10020
division is guilty of a misdemeanor of the fourth degree.	10021

(P) The department shall disaggregate the data collected	10022
under division (B)(1)(o) of this section according to the race and	10023
socioeconomic status of the students assessed. No data collected	10024
under that division shall be included on the report cards required	10025
by section 3302.03 of the Revised Code.	10026

(Q) If the department cannot compile any of the information	10027
required by division (C)(5) of section 3302.03 of the Revised Code	10028
based upon the data collected under this section, the department	10029
shall develop a plan and a reasonable timeline for the collection	10030
of any data necessary to comply with that division.	10031

Sec. 3310.42. (A) Only for the purpose of administering the	10032
autism scholarship program, the department of education may	10033
request from any of the following entities the data verification	10034
code assigned under division (D)(2) of section 3301.0714 of the	10035
Revised Code to any child who is seeking a scholarship under the	10036
program:	10037

(1) The school district in which the child is entitled to	10038
attend school;	10039

(2) If applicable, the community school in which the child is	10040
enrolled;	10041

(3) The independent contractor engaged to create and maintain	10042
data verification codes.	10043

(B) Upon a request by the department under division (A) of	10044
this section for the data verification code of a child seeking a	10045
scholarship or a request by the child's parent for that code, the	10046
school district or community school shall submit that code to the	10047
department or parent in the manner specified by the department. If	10048
the child has not been assigned a code, because the child will be	10049
entering preschool or kindergarten during the school year for	10050
which the scholarship is sought, the district shall assign a code	10051
to that child and submit the code to the department or parent by a	10052
date specified by the department. If the district does not assign	10053
a code to the child by the specified date, the department shall	10054
assign a code to the child.	10055

The department annually shall submit to each school district	10056
the name and data verification code of each child residing in the	10057
district who is entering preschool or kindergarten, who has been	10058
awarded a scholarship under the program, and for whom the	10059
department has assigned a code under this division.	10060

(C) The department shall not release any data verification	10061
code that it receives under this section to any person except as	10062
provided by law.	10063

(D) Any document relative to the autism scholarship program	10064
that the department holds in its files that contains both a	10065
child's name or other personally identifiable information and the	10066
child's data verification code shall not be a public record under	10067
section 149.43 of the Revised Code.	10068

Sec. 3311.21. (A) In addition to the resolutions authorized	10069
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	10070
the Revised Code, the board of education of a joint vocational or	10071
cooperative education school district by a vote of two-thirds of	10072
its full membership may at any time adopt a resolution declaring	10073
the necessity to levy a tax in excess of the ten-mill limitation	10074
for a period not to exceed ten years to provide funds for any one	10075
or more of the following purposes, which may be stated in the	10076
following manner in such resolution, the ballot, and the notice of	10077
election: purchasing a site or enlargement thereof and for the	10078
erection and equipment of buildings; for the purpose of enlarging,	10079
improving, or rebuilding thereof; for the purpose of providing for	10080
the current expenses of the joint vocational or cooperative school	10081
district; or for a continuing period for the purpose of providing	10082
for the current expenses of the joint vocational or cooperative	10083
education school district. The resolution shall specify the amount	10084
of the proposed rate and, if a renewal, whether the levy is to	10085
renew all, or a portion of, the existing levy, and shall specify	10086
the first year in which the levy will be imposed. If the levy	10087
provides for but is not limited to current expenses, the	10088
resolution shall apportion the annual rate of the levy between	10089
current expenses and the other purpose or purposes. Such	10090
apportionment may but need not be the same for each year of the	10091
levy, but the respective portions of the rate actually levied each	10092
year for current expenses and the other purpose or purposes shall	10093
be limited by such apportionment. The portion of any such rate	10094
actually levied for current expenses of a joint vocational or	10095
cooperative education school district shall be used in applying	10096
division (A) of section 3317.01 of the Revised Code. The portion	10097
of any such rate not apportioned to the current expenses of a	10098
joint vocational or cooperative education school district shall be	10099
used in applying division (B) of this section. On the adoption of	10100
such resolution, the joint vocational or cooperative education	10101
school district board of education shall certify the resolution to	10102
the board of elections of the county containing the most populous	10103
portion of the district, which board shall receive resolutions for	10104
filing and send them to the boards of elections of each county in	10105
which territory of the district is located, furnish all ballots	10106
for the election as provided in section 3505.071 of the Revised	10107
Code, and prepare the election notice; and the board of elections	10108
of each county in which the territory of such district is located	10109
shall make the other necessary arrangements for the submission of	10110
the question to the electors of the joint vocational or	10111
cooperative education school district at the next primary or	10112
general election occurring not less than seventy-five days after	10113
the resolution was received from the joint vocational or	10114
cooperative education school district board of education, or at a	10115
special election to be held at a time designated by the district	10116
board of education consistent with the requirements of section	10117
3501.01 of the Revised Code, which date shall not be earlier than	10118
seventy-five days after the adoption and certification of the	10119
resolution.	10120

The board of elections of the county or counties in which	10121
territory of the joint vocational or cooperative education school	10122
district is located shall cause to be published in one or more	10123
newspapers of general circulation in that district an	10124
advertisement of the proposed tax levy question together with a	10125
statement of the amount of the proposed levy once a week for two	10126
consecutive weeks, prior to the election at which the question is	10127
to appear on the ballot, and, if the board of elections operates	10128
and maintains a web site, the board also shall post a similar	10129
advertisement on its web site for thirty days prior to that	10130
election.	10131

If a majority of the electors voting on the question of	10132
levying such tax vote in favor of the levy, the joint vocational	10133
or cooperative education school district board of education shall	10134
annually make the levy within the district at the rate specified	10135
in the resolution and ballot or at any lesser rate, and the county	10136
auditor of each affected county shall annually place the levy on	10137
the tax list and duplicate of each school district in the county	10138
having territory in the joint vocational or cooperative education	10139
school district. The taxes realized from the levy shall be	10140
collected at the same time and in the same manner as other taxes	10141
on the duplicate, and the taxes, when collected, shall be paid to	10142
the treasurer of the joint vocational or cooperative education	10143
school district and deposited to a special fund, which shall be	10144
established by the joint vocational or cooperative education	10145
school district board of education for all revenue derived from	10146
any tax levied pursuant to this section and for the proceeds of	10147
anticipation notes which shall be deposited in such fund. After	10148
the approval of the levy, the joint vocational or cooperative	10149
education school district board of education may anticipate a	10150
fraction of the proceeds of the levy and from time to time, during	10151
the life of the levy, but in any year prior to the time when the	10152
tax collection from the levy so anticipated can be made for that	10153
year, issue anticipation notes in an amount not exceeding fifty	10154
per cent of the estimated proceeds of the levy to be collected in	10155
each year up to a period of five years after the date of the	10156
issuance of the notes, less an amount equal to the proceeds of the	10157
levy obligated for each year by the issuance of anticipation	10158
notes, provided that the total amount maturing in any one year	10159
shall not exceed fifty per cent of the anticipated proceeds of the	10160
levy for that year. Each issue of notes shall be sold as provided	10161
in Chapter 133. of the Revised Code, and shall, except for such	10162
limitation that the total amount of such notes maturing in any one	10163
year shall not exceed fifty per cent of the anticipated proceeds	10164
of the levy for that year, mature serially in substantially equal	10165
installments, during each year over a period not to exceed five	10166
years after their issuance.	10167

(B) Prior to the application of section 319.301 of the	10168
Revised Code, the rate of a levy that is limited to, or to the	10169
extent that it is apportioned to, purposes other than current	10170
expenses shall be reduced in the same proportion in which the	10171
district's total valuation increases during the life of the levy	10172
because of additions to such valuation that have resulted from	10173
improvements added to the tax list and duplicate.	10174

(C) The form of ballot cast at an election under division (A)	10175
of this section shall be as prescribed by section 5705.25 of the	10176
Revised Code.	10177

Sec. 3311.24. (A)(1) Except as provided in division (B) of	10178
this section, the board of education of a city, exempted village,	10179
or local school district shall file with the state board of	10180
education a proposal to transfer territory from such district to	10181
an adjoining city, exempted village, or local school district in	10182
any of the following circumstances:	10183

(a) The district board deems the transfer advisable and, if	10184
the portion of the district proposed to be transferred is five	10185
acres or more, the board has obtained written consent to the	10186
transfer from seventy-five per cent of the owners of parcels of	10187
real property on the tax duplicate within that portion of the	10188
district;	10189

(b) A petition, signed by seventy-five per cent of the	10190
qualified electors residing within that portion of a city,	10191
exempted village, or local school district proposed to be	10192
transferred voting at the last general election, requests such a	10193
transfer;	10194

(c) If no qualified electors reside in that portion of the	10195
district proposed to be transferred, a petition, signed by	10196
seventy-five per cent of the owners of parcels of real property on	10197
the tax duplicate within that portion of the district, requests	10198
such a transfer.	10199

(2) The board of education of the district in which such	10200
proposal originates shall file such proposal, together with a map	10201
showing the boundaries of the territory proposed to be	10202
transferred, with the state board of education prior to the first	10203
day of April in any even-numbered year. The state board of	10204
education may, if it is advisable, provide for a hearing in any	10205
suitable place in any of the school districts affected by such	10206
proposed transfer of territory. The state board of education or	10207
its representatives shall preside at any such hearing.	10208

(3) A board of education of a city, exempted village, or	10209
local school district that receives a petition of transfer signed	10210
by electors of the district under division (A)(1)(b) of this	10211
section shall cause the board of elections to check the	10212
sufficiency of signatures on the petition. A board of education of	10213
a city, exempted village, or local school district that receives	10214
written consent or a petition of transfer signed by owners of	10215
parcels of real property under division (A)(1)(a) or (c) of this	10216
section shall cause the county auditor to check the sufficiency	10217
of signatures on the consent or petition.	10218

(4) Not later than the first day of September the state board	10219
of education shall either approve or disapprove a proposed	10220
transfer of territory filed with it as provided by this section	10221
and shall notify, in writing, the boards of education of the	10222
districts affected by such proposed transfer of territory of its	10223
decision.	10224

If the decision of the state board of education is an	10225
approval of the proposed transfer of territory then the board of	10226
education of the district in which the territory is located shall,	10227
within thirty days after receiving the state board of education's	10228
decision, adopt a resolution transferring the territory and shall	10229
forthwith submit a copy of such resolution to the treasurer of the	10230
board of education of the city, exempted village, or local school	10231
district to which the territory is transferred. Such transfer	10232
shall not be complete however, until:	10233

(a) A resolution accepting the transfer has been passed by a	10234
majority vote of the full membership of the board of education of	10235
the city, exempted village, or local school district to which the	10236
territory is transferred;	10237

(b) An equitable division of the funds and indebtedness	10238
between the districts involved has been made by the board of	10239
education making the transfer;	10240

(c) A map showing the boundaries of the territory transferred	10241
has been filed, by the board of education accepting the transfer,	10242
with the county auditor of each county affected by the transfer.	10243

When such transfer is complete the legal title of the school	10244
property in the territory transferred shall be vested in the board	10245
of education or governing board of the school district to which	10246
the territory is transferred.	10247

(B) Whenever the transfer of territory pursuant to this	10248
section is initiated by a board of education, the board shall,	10249
before filing a proposal for transfer with the state board of	10250
education under this section, make a good faith effort to	10251
negotiate the terms of transfer with any other school district	10252
whose territory would be affected by the transfer. Before the	10253
state board may hold a hearing on the transfer, or approve or	10254
disapprove any such transfer, it must receive the following:	10255

(1) A resolution requesting approval of the transfer, passed	10256
by the school district submitting the proposal and, if applicable,	10257
evidence of the consent of affected property owners to the	10258
transfer;	10259

(2) Evidence determined to be sufficient by the state board	10260
to show that good faith negotiations have taken place or that the	10261
district requesting the transfer has made a good faith effort to	10262
hold such negotiations;	10263

(3) If any negotiations took place, a statement signed by all	10264
boards that participated in the negotiations, listing the terms	10265
agreed on and the points on which no agreement could be reached.	10266

Negotiations held pursuant to this section shall be governed	10267
by the rules adopted by the state board under division (D) of	10268
section 3311.06 of the Revised Code. Districts involved in a	10269
transfer under division (B) of this section may agree to share	10270
revenues from the property included in the territory to be	10271
transferred, establish cooperative programs between the	10272
participating districts, and establish mechanisms for the	10273
settlement of any future boundary disputes.	10274

Sec. 3313.842. (A) The boards of education of any two or	10275
more school districts may enter into an agreement for joint or	10276
cooperative establishment and operation of any educational program	10277
including any class, course, or program that may be included in a	10278
school district's graded course of study and staff development	10279
programs for teaching and nonteaching school employees. Each	10280
school district that is party to such an agreement may contribute	10281
funds of the district in support of the agreement and for the	10282
establishment and operation of any educational program established	10283
under the agreement. The agreement shall designate one of the	10284
districts as the district responsible for receiving and disbursing	10285
the funds contributed by the districts that are parties to the	10286
agreement.	10287

(B) Notwithstanding sections 3313.48 and 3313.64 of the	10288
Revised Code, any district that is party to an agreement for joint	10289
or cooperative establishment and operation of an educational	10290
program may charge fees or tuition for students who participate in	10291
the program and are entitled to attend school in the district	10292
under section 3313.64 or 3313.65 of the Revised Code.	10293

Sec. 3313.978. (A) Annually by the first day of November,	10294
the superintendent of public instruction shall notify the pilot	10295
project school district of the number of initial scholarships that	10296
the state superintendent will be awarding in each of grades	10297
kindergarten through eight.	10298

The state superintendent shall provide information about the	10299
scholarship program to all students residing in the district,	10300
shall accept applications from any such students until such date	10301
as shall be established by the state superintendent as a deadline	10302
for applications, and shall establish criteria for the selection	10303
of students to receive scholarships from among all those applying	10304
prior to the deadline, which criteria shall give preference to	10305
students from low-income families. For each student selected, the	10306
state superintendent shall also determine whether the student	10307
qualifies for seventy-five or ninety per cent of the scholarship	10308
amount. Students whose family income is at or above two hundred	10309
per cent of the maximum income level established by the state	10310
superintendent for low-income families shall qualify for	10311
seventy-five per cent of the scholarship amount and students whose	10312
family income is below two hundred per cent of that maximum income	10313
level shall qualify for ninety per cent of the scholarship amount.	10314
The state superintendent shall notify students of their selection	10315
prior to the fifteenth day of January and whether they qualify for	10316
seventy-five or ninety per cent of the scholarship amount.	10317

(1) A student receiving a pilot project scholarship may	10318
utilize it at an alternative public school by notifying the	10319
district superintendent, at any time before the beginning of the	10320
school year, of the name of the public school in an adjacent	10321
school district to which the student has been accepted pursuant to	10322
section 3327.06 of the Revised Code.	10323

(2) A student may decide to utilize a pilot project	10324
scholarship at a registered private school in the district if all	10325
of the following conditions are met:	10326

(a) By the fifteenth day of February of the preceding school	10327
year, or at any time prior to the start of the school year, the	10328
parent makes an application on behalf of the student to a	10329
registered private school.	10330

(b) The registered private school notifies the parent and the	10331
state superintendent as follows that the student has been	10332
admitted:	10333

(i) By the fifteenth day of March of the preceding school	10334
year if the student filed an application by the fifteenth day of	10335
February and was admitted by the school pursuant to division (A)	10336
of section 3313.977 of the Revised Code;	10337

(ii) Within one week of the decision to admit the student if	10338
the student is admitted pursuant to division (C) of section	10339
3313.977 of the Revised Code.	10340

(c) The student actually enrolls in the registered private	10341
school to which the student was first admitted or in another	10342
registered private school in the district or in a public school in	10343
an adjacent school district.	10344

(B) The state superintendent shall also award in any school	10345
year tutorial assistance grants to a number of students equal to	10346
the number of students who receive scholarships under division (A)	10347
of this section. Tutorial assistance grants shall be awarded	10348
solely to students who are enrolled in the public schools of the	10349
district in a grade level covered by the pilot project. Tutorial	10350
assistance grants may be used solely to obtain tutorial assistance	10351
from a provider approved pursuant to division (D) of section	10352
3313.976 of the Revised Code.	10353

All students wishing to obtain tutorial assistance grants	10354
shall make application to the state superintendent by the first	10355
day of the school year in which the assistance will be used. The	10356
state superintendent shall award assistance grants in accordance	10357
with criteria the superintendent shall establish. For each student	10358
awarded a grant, the state superintendent shall also determine	10359
whether the student qualifies for seventy-five or ninety per cent	10360
of the grant amount and so notify the student. Students whose	10361
family income is at or above two hundred per cent of the maximum	10362
income level established by the state superintendent for	10363
low-income families shall qualify for seventy-five per cent of the	10364
grant amount and students whose family income is below two hundred	10365
per cent of that maximum income level shall qualify for ninety per	10366
cent of the grant amount.	10367

(C)(1) In the case of basic scholarships for students in	10368
grades kindergarten through eight, the scholarship amount shall	10369
not exceed the lesser of the tuition charges of the alternative	10370
school the scholarship recipient attends or three thousand	10371
dollars before fiscal year 2007 and three thousand four hundred	10372
fifty dollars in fiscal year 2007 and thereafter.	10373

In the case of basic scholarships for students in grades nine	10374
through twelve, the scholarship amount shall not exceed the lesser	10375
of the tuition charges of the alternative school the scholarship	10376
recipient attends or two thousand seven hundred dollars before	10377
fiscal year 2007 and three thousand four hundred fifty dollars in	10378
fiscal year 2007 and thereafter.	10379

(2) The state superintendent shall provide for an increase in	10380
the basic scholarship amount in the case of any student who is a	10381
mainstreamed student with a disability and shall further increase	10382
such amount in the case of any separately educated student with a	10383
disability. Such increases shall take into account the	10384
instruction, related services, and transportation costs of	10385
educating such students.	10386

(3) In the case of tutorial assistance grants, the grant	10387
amount shall not exceed the lesser of the provider's actual	10388
charges for such assistance or:	10389

(a) Before fiscal year 2007, a percentage established by the	10390
state superintendent, not to exceed twenty per cent, of the amount	10391
of the pilot project school district's average basic scholarship	10392
amount;	10393

(b) In fiscal year 2007 and thereafter, four hundred dollars.

10394

(4) No scholarship or tutorial assistance grant shall be	10395
awarded unless the state superintendent determines that	10396
twenty-five or ten per cent, as applicable, of the amount	10397
specified for such scholarship or grant pursuant to division	10398
(C)(1), (2), or (3) of this section will be furnished by a	10399
political subdivision, a private nonprofit or for profit entity,	10400
or another person. Only seventy-five or ninety per cent of such	10401
amounts, as applicable, shall be paid from state funds pursuant to	10402
section 3313.979 of the Revised Code.	10403

(D)(1) Annually by the first day of November, the state	10404
superintendent shall estimate the maximum per-pupil scholarship	10405
amounts for the ensuing school year. The state superintendent	10406
shall make this estimate available to the general public at the	10407
offices of the district board of education together with the forms	10408
required by division (D)(2) of this section.	10409

(2) Annually by the fifteenth day of January, the chief	10410
administrator of each registered private school located in the	10411
pilot project district and the principal of each public school in	10412
such district shall complete a parental information form and	10413
forward it to the president of the board of education. The	10414
parental information form shall be prescribed by the department of	10415
education and shall provide information about the grade levels	10416
offered, the numbers of students, tuition amounts, achievement	10417
test results, and any sectarian or other organizational	10418
affiliations.	10419

(E)(1) Only for the purpose of administering the pilot	10420
project scholarship program, the department may request from any	10421
of the following entities the data verification code assigned	10422
under division (D)(2) of section 3301.0714 of the Revised Code to	10423
any student who is seeking a scholarship under the program:	10424

(a) The school district in which the student is entitled to	10425
attend school under section 3313.64 or 3313.65 of the Revised	10426
Code;	10427

(b) If applicable, the community school in which the student	10428
is enrolled;	10429

(c) The independent contractor engaged to create and maintain	10430
data verification codes.	10431

(2) Upon a request by the department under division (E)(1) of	10432
this section for the data verification code of a student seeking a	10433
scholarship or a request by the student's parent for that code,	10434
the school district or community school shall submit that code to	10435
the department or parent in the manner specified by the	10436
department. If the student has not been assigned a code, because	10437
the student will be entering kindergarten during the school year	10438
for which the scholarship is sought, the district shall assign a	10439
code to that student and submit the code to the department or	10440
parent by a date specified by the department. If the district does	10441
not assign a code to the student by the specified date, the	10442
department shall assign a code to the student.	10443

The department annually shall submit to each school district	10444
the name and data verification code of each student residing in	10445
the district who is entering kindergarten, who has been awarded a	10446
scholarship under the program, and for whom the department has	10447
assigned a code under this division.	10448

(3) The department shall not release any data verification	10449
code that it receives under division (E) of this section to any	10450
person except as provided by law.	10451

(F) Any document relative to the pilot project scholarship	10452
program that the department holds in its files that contains both	10453
a student's name or other personally identifiable information and	10454
the student's data verification code shall not be a public record	10455
under section 149.43 of the Revised Code.	10456

Sec. 3314.016. (A) After June 30, 2007, a new start-up	10457
school may be established under this chapter only if the school's	10458
governing authority enters into a contract with an operator that	10459
manages other schools in the United States that perform at a level	10460
higher than academic watch. The governing authority of the	10461
community school may sign a contract with an operator only if the	10462
operator has fewer contracts with the governing authorities of new	10463
start-up schools established under this chapter after June 30,	10464
2007, than the number of schools managed by the operator in the	10465
United States that perform at a level higher than academic watch,	10466
as determined by the department of education.	10467

(B) Notwithstanding division (A) of this section, the	10468
governing authority of a start-up school sponsored by an entity	10469
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	10470
Revised Code may establish one additional school serving the same	10471
grade levels and providing the same educational program as the	10472
current start-up school and may open that additional school in the	10473
2007-2008 school year, if both of the following conditions are	10474
met:	10475

(1) The governing authority entered into another contract	10476
with the same sponsor or a different sponsor described in	10477
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	10478
and filed a copy of that contract with the superintendent of	10479
public instruction prior to March 15, 2006.	10480

(2) The governing authority's current school satisfies all of	10481
the following conditions:	10482

(a) The school currently is rated as excellent or effective	10483
pursuant to section 3302.03 of the Revised Code.	10484

(b) The school made adequate yearly progress, as defined in	10485
section 3302.01 of the Revised Code, for the previous school year.	10486

(c) The school has been in operation for at least four school	10487
years.	10488

(d) The school is not managed by an operator.

10489

(C) Notwithstanding division (A) of this section, the	10490
governing authority of a start-up school sponsored by the big	10491
eight school district in which the school is located may establish	10492
one additional start-up school that is located in the same school	10493
district and that provides a general educational program to	10494
students in any or all of grades kindergarten through five to	10495
facilitate their transition to the current start-up school, and	10496
may open the additional start-up school in the 2009-2010 school	10497
year, if both of the following conditions are met:	10498

(1) The governing authority enters into another contract with	10499
the same sponsor and files a copy of the contract with the	10500
superintendent of public instruction prior to March 15, 2009.	10501

(2) The governing authority's current school satisfies all of	10502
the following conditions:	10503

(a) The school provided instruction to students for eleven	10504
months in the previous school year.	10505

(b) The school has been in operation for at least two school	10506
years.	10507

(c) The school qualified to be rated in need of continuous	10508
improvement or higher pursuant to section 3302.03 of the Revised	10509
Code for its first school year of operation, even though the	10510
department of education did not issue a report card for the	10511
school for that school year.	10512

Sec. 3314.02. (A) As used in this chapter:

10513

(1) "Sponsor" means an entity listed in division (C)(1) of	10514
this section, which has been approved by the department of	10515
education to sponsor community schools and with which the	10516
governing authority of the proposed community school enters into a	10517
contract pursuant to this section.	10518

(2) "Pilot project area" means the school districts included	10519
in the territory of the former community school pilot project	10520
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	10521
the 122nd general assembly.	10522

(3) "Challenged school district" means any of the following:

10523

(a) A school district that is part of the pilot project area;

10524

(b) A school district that is either in a state of academic	10525
emergency or in a state of academic watch under section 3302.03 of	10526
the Revised Code;	10527

10528

(4) "Big eight school district" means a school district that	10529
for fiscal year 1997 had both of the following:	10530

(a) A percentage of children residing in the district and	10531
participating in the predecessor of Ohio works first greater than	10532
thirty per cent, as reported pursuant to section 3317.10 of the	10533
Revised Code;	10534

(b) An average daily membership greater than twelve thousand,	10535
as reported pursuant to former division (A) of section 3317.03 of	10536
the Revised Code.	10537

(5) "New start-up school" means a community school other than	10538
one created by converting all or part of an existing public school	10539
or educational service center building, as designated in the	10540
school's contract pursuant to division (A)(17) of section 3314.03	10541
of the Revised Code.	10542

(6) "Urban school district" means one of the state's	10543
twenty-one urban school districts as defined in division (O) of	10544
section 3317.02 of the Revised Code as that section existed prior	10545
to July 1, 1998.	10546

(7) "Internet- or computer-based community school" means a	10547
community school established under this chapter in which the	10548
enrolled students work primarily from their residences on	10549
assignments in nonclassroom-based learning opportunities provided	10550
via an internet- or other computer-based instructional method that	10551
does not rely on regular classroom instruction or via	10552
comprehensive instructional methods that include internet-based,	10553
other computer-based, and noncomputer-based learning	10554
opportunities.	10555

(B) Any person or group of individuals may initially propose	10556
under this division the conversion of all or a portion of a public	10557
school or a building operated by an educational service center to	10558
a community school. The proposal shall be made to the board of	10559
education of the city, local, or exempted village school district	10560
in which the public school is proposed to be converted or, in the	10561
case of the conversion of a building operated by an educational	10562
service center, to the governing board of the service center. Upon	10563
receipt of a proposal, a board may enter into a preliminary	10564
agreement with the person or group proposing the conversion of the	10565
public school or service center building, indicating the intention	10566
of the board ~~of education~~ to support the conversion to a	10567
community school. A proposing person or group that has a	10568
preliminary agreement under this division may proceed to finalize	10569
plans for the school, establish a governing authority for the	10570
school, and negotiate a contract with the board ~~of education~~.	10571
Provided the proposing person or group adheres to the preliminary	10572
agreement and all provisions of this chapter, the board of	10573
~~education~~ shall negotiate in good faith to enter into a contract	10574
in accordance with section 3314.03 of the Revised Code and	10575
division (C) of this section.	10576

(C)(1) Any person or group of individuals may propose under	10577
this division the establishment of a new start-up school to be	10578
located in a challenged school district. The proposal may be made	10579
to any of the following entities:	10580

(a) The board of education of the district in which the	10581
school is proposed to be located;	10582

(b) The board of education of any joint vocational school	10583
district with territory in the county in which is located the	10584
majority of the territory of the district in which the school is	10585
proposed to be located;	10586

(c) The board of education of any other city, local, or	10587
exempted village school district having territory in the same	10588
county where the district in which the school is proposed to be	10589
located has the major portion of its territory;	10590

(d) The governing board of any educational service center, as	10591
long as the proposed school will be located in a county within the	10592
territory of the service center or in a county contiguous to such	10593
county;	10594

(e) A sponsoring authority designated by the board of	10595
trustees of any of the thirteen state universities listed in	10596
section 3345.011 of the Revised Code or the board of trustees	10597
itself as long as a mission of the proposed school to be specified	10598
in the contract under division (A)(2) of section 3314.03 of the	10599
Revised Code and as approved by the department of education under	10600
division (B)(2) of section 3314.015 of the Revised Code will be	10601
the practical demonstration of teaching methods, educational	10602
technology, or other teaching practices that are included in the	10603
curriculum of the university's teacher preparation program	10604
approved by the state board of education;	10605

(f) Any qualified tax-exempt entity under section 501(c)(3)	10606
of the Internal Revenue Code as long as all of the following	10607
conditions are satisfied:	10608

(i) The entity has been in operation for at least five years	10609
prior to applying to be a community school sponsor.	10610

(ii) The entity has assets of at least five hundred thousand	10611
dollars and a demonstrated record of financial responsibility.	10612

(iii) The department of education has determined that the	10613
entity is an education-oriented entity under division (B)(3) of	10614
section 3314.015 of the Revised Code and the entity has a	10615
demonstrated record of successful implementation of educational	10616
programs.	10617

(iv) The entity is not a community school.

10618

Any entity described in division (C)(1) of this section may	10619
enter into a preliminary agreement pursuant to division (C)(2) of	10620
this section with the proposing person or group.	10621

(2) A preliminary agreement indicates the intention of an	10622
entity described in division (C)(1) of this section to sponsor the	10623
community school. A proposing person or group that has such a	10624
preliminary agreement may proceed to finalize plans for the	10625
school, establish a governing authority as described in division	10626
(E) of this section for the school, and negotiate a contract with	10627
the entity. Provided the proposing person or group adheres to the	10628
preliminary agreement and all provisions of this chapter, the	10629
entity shall negotiate in good faith to enter into a contract in	10630
accordance with section 3314.03 of the Revised Code.	10631

(3) A new start-up school that is established in a school	10632
district while that district is either in a state of academic	10633
emergency or in a state of academic watch under section 3302.03 of	10634
the Revised Code may continue in existence once the school	10635
district is no longer in a state of academic emergency or academic	10636
watch, provided there is a valid contract between the school and a	10637
sponsor.	10638

(4) A copy of every preliminary agreement entered into under	10639
this division shall be filed with the superintendent of public	10640
instruction.	10641

(D) A majority vote of the board of a sponsoring entity and a	10642
majority vote of the members of the governing authority of a	10643
community school shall be required to adopt a contract and convert	10644
the public school or educational service center building to a	10645
community school or establish the new start-up school. Beginning	10646
September 29, 2005, adoption of the contract shall occur not	10647
later than the fifteenth day of March, and signing of the	10648
contract shall occur not later than the fifteenth day of May,	10649
prior to the school year in which the school will open. The	10650
governing authority shall notify the department of education when	10651
the contract has been signed. Subject to sections 3314.013,	10652
3314.014, 3314.016, and 3314.017 of the Revised Code, an	10653
unlimited number of community schools may be established in any	10654
school district provided that a contract is entered into for each	10655
community school pursuant to this chapter.	10656

(E)(1) As used in this division, "immediate relatives" are	10657
limited to spouses, children, parents, grandparents, siblings, and	10658
in-laws.	10659

Each new start-up community school established under this	10660
chapter shall be under the direction of a governing authority	10661
which shall consist of a board of not less than five individuals.	10662

No person shall serve on the governing authority or operate	10663
the community school under contract with the governing authority	10664
so long as the person owes the state any money or is in a dispute	10665
over whether the person owes the state any money concerning the	10666
operation of a community school that has closed.	10667

(2) No person shall serve on the governing authorities of	10668
more than two start-up community schools at the same time.	10669

(3) No present or former member, or immediate relative of a	10670
present or former member, of the governing authority of any	10671
community school established under this chapter shall be an owner,	10672
employee, or consultant of any nonprofit or for-profit operator of	10673
a community school, unless at least one year has elapsed since the	10674
conclusion of the person's membership.	10675

(F) ~~Nothing in this chapter shall be construed to permit the~~	10676
~~establishment of a community school in more than one school~~	10677
~~district under the same contract.~~	10678

~~(G)~~(1) A new start-up school that is established prior to	10679
August 15, 2003, in an urban school district that is not also a	10680
big-eight school district may continue to operate after that date	10681
and the contract between the school's governing authority and the	10682
school's sponsor may be renewed, as provided under this chapter,	10683
after that date, but no additional new start-up schools may be	10684
established in such a district unless the district is a challenged	10685
school district as defined in this section as it exists on and	10686
after that date.	10687

(2) A community school that was established prior to June	10688
29, 1999, and is located in a county contiguous to the pilot	10689
project area and in a school district that is not a challenged	10690
school district may continue to operate after that date, provided	10691
the school complies with all provisions of this chapter. The	10692
contract between the school's governing authority and the	10693
school's sponsor may be renewed, but no additional start-up	10694
community school may be established in that district unless the	10695
district is a challenged school district.	10696

(3) Any educational service center that, on ~~the effective~~	10697
~~date of this amendment~~June 30, 2007, sponsors a community school	10698
that is not located in a county within the territory of the	10699
service center or in a county contiguous to such county may	10700
continue to sponsor that community school on and after ~~the~~	10701
~~effective date of this amendment~~June 30, 2007, and may renew its	10702
contract with the school. However, the educational service center	10703
shall not enter into a contract with any additional community	10704
school unless the school is located in a county within the	10705
territory of the service center or in a county contiguous to such	10706
county.	10707

Sec. 3314.03. A copy of every contract entered into under	10708
this section shall be filed with the superintendent of public	10709
instruction.	10710

(A) Each contract entered into between a sponsor and the	10711
governing authority of a community school shall specify the	10712
following:	10713

(1) That the school shall be established as either of the	10714
following:	10715

(a) A nonprofit corporation established under Chapter 1702.	10716
of the Revised Code, if established prior to April 8, 2003;	10717

(b) A public benefit corporation established under Chapter	10718
1702. of the Revised Code, if established after April 8, 2003;	10719

(2) The education program of the school, including the	10720
school's mission, the characteristics of the students the school	10721
is expected to attract, the ages and grades of students, and the	10722
focus of the curriculum;	10723

(3) The academic goals to be achieved and the method of	10724
measurement that will be used to determine progress toward those	10725
goals, which shall include the statewide achievement tests;	10726

(4) Performance standards by which the success of the school	10727
will be evaluated by the sponsor;	10728

(5) The admission standards of section 3314.06 of the Revised	10729
Code and, if applicable, section 3314.061 of the Revised Code;	10730

(6)(a) Dismissal procedures;

10731

(b) A requirement that the governing authority adopt an	10732
attendance policy that includes a procedure for automatically	10733
withdrawing a student from the school if the student without a	10734
legitimate excuse fails to participate in one hundred five	10735
consecutive hours of the learning opportunities offered to the	10736
student.	10737

(7) The ways by which the school will achieve racial and	10738
ethnic balance reflective of the community it serves;	10739

(8) Requirements for financial audits by the auditor of	10740
state. The contract shall require financial records of the school	10741
to be maintained in the same manner as are financial records of	10742
school districts, pursuant to rules of the auditor of state, and	10743
the audits shall be conducted in accordance with section 117.10 of	10744
the Revised Code.	10745

(9) The facilities to be used and their locations;

10746

(10) Qualifications of teachers, including a requirement that	10747
the school's classroom teachers be licensed in accordance with	10748
sections 3319.22 to 3319.31 of the Revised Code, except that a	10749
community school may engage noncertificated persons to teach up to	10750
twelve hours per week pursuant to section 3319.301 of the Revised	10751
Code;	10752

(11) That the school will comply with the following	10753
requirements:	10754

(a) The school will provide learning opportunities to a	10755
minimum of twenty-five students for a minimum of nine hundred	10756
twenty hours per school year;	10757

(b) The governing authority will purchase liability	10758
insurance, or otherwise provide for the potential liability of the	10759
school;	10760

(c) The school will be nonsectarian in its programs,	10761
admission policies, employment practices, and all other	10762
operations, and will not be operated by a sectarian school or	10763
religious institution;	10764

(d) The school will comply with sections 9.90, 9.91, 109.65,	10765
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	10766
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	10767
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	10768
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	10769
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	10770
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	10771
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	10772
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	10773
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	10774
and 4167. of the Revised Code as if it were a school district and	10775
will comply with section 3301.0714 of the Revised Code in the	10776
manner specified in section 3314.17 of the Revised Code;	10777

(e) The school shall comply with Chapter 102. and section	10778
2921.42 of the Revised Code;	10779

(f) The school will comply with sections 3313.61, 3313.611,	10780
and 3313.614 of the Revised Code, except that for students who	10781
enter ninth grade for the first time before July 1, 2010, the	10782
requirement in sections 3313.61 and 3313.611 of the Revised Code	10783
that a person must successfully complete the curriculum in any	10784
high school prior to receiving a high school diploma may be met by	10785
completing the curriculum adopted by the governing authority of	10786
the community school rather than the curriculum specified in Title	10787
XXXIII of the Revised Code or any rules of the state board of	10788
education. Beginning with students who enter ninth grade for the	10789
first time on or after July 1, 2010, the requirement in sections	10790
3313.61 and 3313.611 of the Revised Code that a person must	10791
successfully complete the curriculum of a high school prior to	10792
receiving a high school diploma shall be met by completing the	10793
Ohio core curriculum prescribed in division (C) of section	10794
3313.603 of the Revised Code, unless the person qualifies under	10795
division (D) or (F) of that section. Each school shall comply with	10796
the plan for awarding high school credit based on demonstration of	10797
subject area competency, adopted by the state board of education	10798
under division (J) of section 3313.603 of the Revised Code.	10799

(g) The school governing authority will submit within four	10800
months after the end of each school year a report of its	10801
activities and progress in meeting the goals and standards of	10802
divisions (A)(3) and (4) of this section and its financial status	10803
to the sponsor and the parents of all students enrolled in the	10804
school.	10805

(h) The school, unless it is an internet- or computer-based	10806
community school, will comply with section 3313.801 of the Revised	10807
Code as if it were a school district.	10808

(12) Arrangements for providing health and other benefits to	10809
employees;	10810

(13) The length of the contract, which shall begin at the	10811
beginning of an academic year. No contract shall exceed five years	10812
unless such contract has been renewed pursuant to division (E) of	10813
this section.	10814

(14) The governing authority of the school, which shall be	10815
responsible for carrying out the provisions of the contract;	10816

(15) A financial plan detailing an estimated school budget	10817
for each year of the period of the contract and specifying the	10818
total estimated per pupil expenditure amount for each such year.	10819
The plan shall specify for each year the base formula amount that	10820
will be used for purposes of funding calculations under section	10821
3314.08 of the Revised Code. This base formula amount for any year	10822
shall not exceed the formula amount defined under section 3317.02	10823
of the Revised Code. The plan may also specify for any year a	10824
percentage figure to be used for reducing the per pupil amount of	10825
the subsidy calculated pursuant to section 3317.029 of the Revised	10826
Code the school is to receive that year under section 3314.08 of	10827
the Revised Code.	10828

(16) Requirements and procedures regarding the disposition of	10829
employees of the school in the event the contract is terminated or	10830
not renewed pursuant to section 3314.07 of the Revised Code;	10831

(17) Whether the school is to be created by converting all or	10832
part of an existing public school or educational service center	10833
building or is to be a new start-up school, and if it is a	10834
converted public school or service center building, specification	10835
of any duties or responsibilities of an employer that the board of	10836
education or service center governing board that operated the	10837
school or building before conversion is delegating to the	10838
governing ~~board~~authority of the community school with respect to	10839
all or any specified group of employees provided the delegation is	10840
not prohibited by a collective bargaining agreement applicable to	10841
such employees;	10842

(18) Provisions establishing procedures for resolving	10843
disputes or differences of opinion between the sponsor and the	10844
governing authority of the community school;	10845

(19) A provision requiring the governing authority to adopt a	10846
policy regarding the admission of students who reside outside the	10847
district in which the school is located. That policy shall comply	10848
with the admissions procedures specified in sections 3314.06 and	10849
3314.061 of the Revised Code and, at the sole discretion of the	10850
authority, shall do one of the following:	10851

(a) Prohibit the enrollment of students who reside outside	10852
the district in which the school is located;	10853

(b) Permit the enrollment of students who reside in districts	10854
adjacent to the district in which the school is located;	10855

(c) Permit the enrollment of students who reside in any other	10856
district in the state.	10857

(20) A provision recognizing the authority of the department	10858
of education to take over the sponsorship of the school in	10859
accordance with the provisions of division (C) of section 3314.015	10860
of the Revised Code;	10861

(21) A provision recognizing the sponsor's authority to	10862
assume the operation of a school under the conditions specified in	10863
division (B) of section 3314.073 of the Revised Code;	10864

(22) A provision recognizing both of the following:

10865

(a) The authority of public health and safety officials to	10866
inspect the facilities of the school and to order the facilities	10867
closed if those officials find that the facilities are not in	10868
compliance with health and safety laws and regulations;	10869

(b) The authority of the department of education as the	10870
community school oversight body to suspend the operation of the	10871
school under section 3314.072 of the Revised Code if the	10872
department has evidence of conditions or violations of law at the	10873
school that pose an imminent danger to the health and safety of	10874
the school's students and employees and the sponsor refuses to	10875
take such action;	10876

(23) A description of the learning opportunities that will be	10877
offered to students including both classroom-based and	10878
non-classroom-based learning opportunities that is in compliance	10879
with criteria for student participation established by the	10880
department under division (L)(2) of section 3314.08 of the Revised	10881
Code;	10882

(24) The school will comply with section 3302.04 of the	10883
Revised Code, including division (E) of that section to the extent	10884
possible, except that any action required to be taken by a school	10885
district pursuant to that section shall be taken by the sponsor of	10886
the school. However, the sponsor shall not be required to take any	10887
action described in division (F) of that section.	10888

(25) Beginning in the 2006-2007 school year, the school will	10889
open for operation not later than the thirtieth day of September	10890
each school year, unless the mission of the school as specified	10891
under division (A)(2) of this section is solely to serve dropouts.	10892
In its initial year of operation, if the school fails to open by	10893
the thirtieth day of September, or within one year after the	10894
adoption of the contract pursuant to division (D) of section	10895
3314.02 of the Revised Code if the mission of the school is solely	10896
to serve dropouts, the contract shall be void.	10897

(B) The community school shall also submit to the sponsor a	10898
comprehensive plan for the school. The plan shall specify the	10899
following:	10900

(1) The process by which the governing authority of the	10901
school will be selected in the future;	10902

(2) The management and administration of the school;

10903

(3) If the community school is a currently existing public	10904
school or educational service center building, alternative	10905
arrangements for current public school students who choose not to	10906
attend the converted school and for teachers who choose not to	10907
teach in the school or building after conversion;	10908

(4) The instructional program and educational philosophy of	10909
the school;	10910

(5) Internal financial controls.

10911

(C) A contract entered into under section 3314.02 of the	10912
Revised Code between a sponsor and the governing authority of a	10913
community school may provide for the community school governing	10914
authority to make payments to the sponsor, which is hereby	10915
authorized to receive such payments as set forth in the contract	10916
between the governing authority and the sponsor. The total amount	10917
of such payments for oversight and monitoring of the school shall	10918
not exceed three per cent of the total amount of payments for	10919
operating expenses that the school receives from the state.	10920

(D) The contract shall specify the duties of the sponsor	10921
which shall be in accordance with the written agreement entered	10922
into with the department of education under division (B) of	10923
section 3314.015 of the Revised Code and shall include the	10924
following:	10925

(1) Monitor the community school's compliance with all laws	10926
applicable to the school and with the terms of the contract;	10927

(2) Monitor and evaluate the academic and fiscal performance	10928
and the organization and operation of the community school on at	10929
least an annual basis;	10930

(3) Report on an annual basis the results of the evaluation	10931
conducted under division (D)(2) of this section to the department	10932
of education and to the parents of students enrolled in the	10933
community school;	10934

(4) Provide technical assistance to the community school in	10935
complying with laws applicable to the school and terms of the	10936
contract;	10937

(5) Take steps to intervene in the school's operation to	10938
correct problems in the school's overall performance, declare the	10939
school to be on probationary status pursuant to section 3314.073	10940
of the Revised Code, suspend the operation of the school pursuant	10941
to section 3314.072 of the Revised Code, or terminate the contract	10942
of the school pursuant to section 3314.07 of the Revised Code as	10943
determined necessary by the sponsor;	10944

(6) Have in place a plan of action to be undertaken in the	10945
event the community school experiences financial difficulties or	10946
closes prior to the end of a school year.	10947

(E) Upon the expiration of a contract entered into under this	10948
section, the sponsor of a community school may, with the approval	10949
of the governing authority of the school, renew that contract for	10950
a period of time determined by the sponsor, but not ending earlier	10951
than the end of any school year, if the sponsor finds that the	10952
school's compliance with applicable laws and terms of the contract	10953
and the school's progress in meeting the academic goals prescribed	10954
in the contract have been satisfactory. Any contract that is	10955
renewed under this division remains subject to the provisions of	10956
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	10957

(F) If a community school fails to open for operation within	10958
one year after the contract entered into under this section is	10959
adopted pursuant to division (D) of section 3314.02 of the Revised	10960
Code or permanently closes prior to the expiration of the	10961
contract, the contract shall be void and the school shall not	10962
enter into a contract with any other sponsor. A school shall not	10963
be considered permanently closed because the operations of the	10964
school have been suspended pursuant to section 3314.072 of the	10965
Revised Code. Any contract that becomes void under this division	10966
shall not count toward any statewide limit on the number of such	10967
contracts prescribed by section 3314.013 of the Revised Code.	10968

Sec. 3314.05. ~~Division (A) of this section shall not apply~~	10969
~~to internet- or computer-based community schools.~~	10970

(A) The contract between the community school and the sponsor	10971
shall specify the facilities to be used for the community school	10972
and the method of acquisition. Except as provided in division	10973
(B)(3) of this section, no community school shall be established	10974
in more than one school district under the same contract.	10975

~~(A) A~~(B) Division (B) of this section shall not apply to	10976
internet- or computer-based community schools.	10977

(1) A community school may be located in multiple facilities	10978
under the same contract only if the limitations on availability	10979
of space prohibit serving all the grade levels specified in the	10980
contract in a single facility or division (B)(2) or (3) of this	10981
section applies to the school. The school shall not offer the	10982
same grade level classrooms in more than one facility.	10983

(2) A community school may be located in multiple facilities	10984
under the same contract and, notwithstanding division (B)(1) of	10985
this section, may assign students in the same grade level to	10986
multiple facilities, as long as all of the following apply:	10987

(a) The governing authority of the community school filed a	10988
copy of its contract with the school's sponsor under section	10989
3314.03 of the Revised Code with the superintendent of public	10990
instruction on or before May 15, 2008.	10991

(b) The school was not open for operation prior to July 1,	10992
2008.	10993

(c) The governing authority has entered into and maintains a	10994
contract with an operator of the type described in division (A)(2)	10995
of section 3314.014 of the Revised Code.	10996

(d) The contract with that operator qualified the school to	10997
be established pursuant to division (A) of section 3314.016 of the	10998
Revised Code.	10999

(e) The school's rating under section 3302.03 of the Revised	11000
Code does not fall below "in need of continuous improvement" for	11001
two or more consecutive years.	11002

(3) A new start-up community school may be established in	11003
two school districts under the same contract if all of the	11004
following apply:	11005

(a) At least one of the school districts in which the school	11006
is established is a challenged school district;	11007

(b) The school operates not more than one facility in each	11008
school district and, in accordance with division (B)(1) of this	11009
section, the school does not offer the same grade level classrooms	11010
in both facilities; and	11011

(c) Transportation between the two facilities does not	11012
require more than thirty minutes of direct travel time as measured	11013
by school bus.	11014

In the case of a community school to which division (B)(3) of	11015
this section applies, if only one of the school districts in which	11016
the school is established is a challenged school district, that	11017
district shall be considered the school's primary location and the	11018
district in which the school is located for the purposes of	11019
division (A)(19) of section 3314.03 and divisions (C) and (H) of	11020
section 3314.06 of the Revised Code and for all other purposes of	11021
this chapter. If both of the school districts in which the school	11022
is established are challenged school districts, the school's	11023
governing authority shall designate one of those districts to be	11024
considered the school's primary location and the district in which	11025
the school is located for the purposes of those divisions and all	11026
other purposes of this chapter and shall notify the department of	11027
education of that designation.	11028

(4) Any facility used for a community school shall meet all	11029
health and safety standards established by law for school	11030
buildings.	11031

~~(B)~~(C) In the case where a community school is proposed to be	11032
located in a facility owned by a school district or educational	11033
service center, the facility may not be used for such community	11034
school unless the district or service center board owning the	11035
facility enters into an agreement for the community school to	11036
utilize the facility. Use of the facility may be under any terms	11037
and conditions agreed to by the district or service center board	11038
and the school.	11039

Sec. 3314.37. (A) A five-year demonstration project is	11040
hereby established at the community schools known as the ISUS	11041
institutes. The project is a research and development initiative	11042
to collect and analyze data with which to improve dropout	11043
prevention and recovery programs, to evaluate various	11044
methodologies employed in those programs, to develop tools and	11045
criteria for evaluating community schools that operate dropout	11046
prevention and recovery programs, to institute stringent	11047
accountability measures for such community schools, and to	11048
direct curricular and programming decisions for such community	11049
schools. The program shall begin with the 2008-2009 school year	11050
and shall operate through the 2012-2013 school year.	11051

(B) Under the demonstration project, the ISUS institutes	11052
shall select and pay the costs of an independent evaluator to	11053
create a study plan and collect and analyze data from the	11054
institutes. The ISUS institutes' selection of the independent	11055
evaluator is subject to the approval of the department of	11056
education. The data collected by the evaluator shall include, but	11057
need not be limited to, the following:	11058

(1) Baseline measures of student status at enrollment,	11059
including academic level; history of court involvement, drug use,	11060
and other behavioral problems; and the circumstances of the	11061
students' parenting and living arrangements;	11062

(2) Student academic progress, measured at multiple and	11063
regular intervals each school year;	11064

(3) Value-added elements of the institutes' dropout	11065
prevention and recovery programs, including industry	11066
certifications, college coursework, community service and service	11067
learning, apprenticeships, and internships;	11068

(4) Outcomes in addition to high school graduation, including	11069
students' contributions to community service and students'	11070
transitions to employment, post-secondary training, college, or	11071
the military.	11072

(C) Not later than the thirtieth day of September following	11073
each school year in which the demonstration project is operating,	11074
the independent evaluator shall do both of the following:	11075

(1) Submit to the ISUS institutes and the department all data	11076
collected and a report of its data analysis;	11077

(2) Submit a report of its data analysis to the speaker and	11078
minority leader of the house of representatives, the president and	11079
minority leader of the senate, and the chairpersons and ranking	11080
minority members of the standing committees of the house of	11081
representatives and the senate that consider education	11082
legislation.	11083

(D) For each school year in which the demonstration project	11084
is operating:	11085

(1) The ISUS institutes shall continue to report data through	11086
the education management information system under section 3314.17	11087
of the Revised Code.	11088

(2) The department shall continue to issue annual report	11089
cards for the ISUS institutes under section 3314.012 of the	11090
Revised Code and shall continue to assign them performance ratings	11091
under division (B) of section 3302.03 of the Revised Code.	11092

(E) Nothing in this section prevents the application to the	11093
ISUS institutes, during the demonstration project, of any	11094
provision of the Revised Code or rule or policy of the department	11095
or the state board of education requiring closure, or otherwise	11096
restricting the operation, of a community school based on	11097
measures of academic performance for any school year before or	11098
during the demonstration project. Nothing in this section prevents	11099
a sponsor of an ISUS institute from terminating or not renewing	11100
its contract with the school, from suspending the operations of	11101
the school, or from placing the school on probationary status, in	11102
accordance with this chapter, during the demonstration project.	11103
Nothing in this section prevents the auditor of state from taking	11104
action against an ISUS institute under Chapter 117. of the	11105
Revised Code or other applicable law during the demonstration	11106
project.	11107

(F) The department may conduct its own analysis of data	11108
submitted under the demonstration project.	11109

(G) Not later than December 31, 2013, the independent	11110
evaluator shall issue a final report of its findings and analysis	11111
and its recommendations for appropriate academic accountability	11112
measures for community schools that operate dropout prevention and	11113
recovery programs. The independent evaluator shall submit the	11114
report to the department, the speaker and minority leader of the	11115
house of representatives, the president and minority leader of the	11116
senate, and the chairpersons and ranking minority members of the	11117
standing committees of the house of representatives and the senate	11118
that consider education legislation.	11119

Sec. 3314.40. The governing authorities of two or more	11120
community schools may enter into a pooling agreement under which	11121
the schools may act jointly to do any of the following:	11122

(A) Purchase health insurance for the schools' employees;

11123

(B) Secure liability insurance for the schools;

11124

(C) Purchase other goods or services necessary for the	11125
operation of the schools;	11126

(D) Provide transportation to students enrolled in the	11127
schools.	11128

Sec. 3316.03. (A) The existence of a fiscal watch shall be	11129
declared by the auditor of state. The auditor of state may make a	11130
determination on the auditor of state's initiative, or upon	11131
receipt of a written request for such a determination, which may	11132
be filed by the governor, the superintendent of public	11133
instruction, or a majority of the members of the board of	11134
education of the school district.	11135

(1) The auditor of state shall declare a school district to	11136
be in a state of fiscal watch if the auditor of state determines	11137
that both of the following conditions are satisfied with respect	11138
to the school district:	11139

(a) An operating deficit has been certified for the current	11140
fiscal year by the auditor of state, and the certified operating	11141
deficit exceeds eight per cent of the school district's general	11142
fund revenue for the preceding fiscal year;	11143

(b) A majority of the voting electors have not voted in favor	11144
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11145
Chapter 5748. of the Revised Code that the auditor of state	11146
expects will raise enough additional revenue in the next	11147
succeeding fiscal year that division (A)(1)(a) of this section	11148
will not apply to the district in such next succeeding fiscal	11149
year.	11150

(2) The auditor of state shall declare a school district to	11151
be in a state of fiscal watch if the auditor of state determines	11152
that the school district has outstanding securities issued under	11153
division (A)(4) of section 3316.06 of the Revised Code, and its	11154
financial planning and supervision commission has been terminated	11155
under section 3316.16 of the Revised Code.	11156

(3) The auditor of state shall declare a school district to	11157
be in a state of fiscal watch if both of the following conditions	11158
are satisfied:	11159

(a) The superintendent of public instruction has reported to	11160
the auditor of state that the superintendent has declared the	11161
district under section 3316.031 of the Revised Code to be under a	11162
fiscal caution, has found that the district has not acted	11163
reasonably to eliminate or correct practices or conditions that	11164
prompted the declaration, and has determined the declaration of a	11165
state of fiscal watch necessary to prevent further fiscal decline;	11166

(b) The auditor of state determines that the decision of the	11167
superintendent is reasonable.	11168

If the auditor of state determines that the decision of the	11169
superintendent is not reasonable, the auditor of state shall	11170
provide the superintendent with a written explanation of that	11171
determination.	11172

(4) The auditor of state may declare a school district to be	11173
in a state of fiscal watch if all of the following conditions are	11174
satisfied:	11175

(a) An operating deficit has been certified for the current	11176
fiscal year by the auditor of state, and the certified operating	11177
deficit exceeds two per cent, but does not exceed eight per cent,	11178
of the school district's general fund revenue for the preceding	11179
fiscal year;	11180

(b) A majority of the voting electors have not voted in favor	11181
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11182
Chapter 5748. of the Revised Code that the auditor of state	11183
expects will raise enough additional revenue in the next	11184
succeeding fiscal year that division (A)(4)(a) of this section	11185
will not apply to the district in the next succeeding fiscal year;	11186

(c) The auditor of state determines that there is no	11187
reasonable cause for the deficit or that the declaration of fiscal	11188
watch is necessary to prevent further fiscal decline in the	11189
district.	11190

(B)(1) The auditor of state shall issue an order declaring a	11191
school district to be in a state of fiscal emergency if the	11192
auditor of state determines that both of the following conditions	11193
are satisfied with respect to the school district:	11194

(a) An operating deficit has been certified for the current	11195
fiscal year by the auditor of state, and the certified operating	11196
deficit exceeds fifteen per cent of the school district's general	11197
fund revenue for the preceding fiscal year. In determining the	11198
amount of an operating deficit under division (B)(1)(a) of this	11199
section, the auditor of state shall credit toward the amount of	11200
that deficit only the amount that may be borrowed from the	11201
spending reserve balance as determined under section 133.301 and	11202
division (F) of section 5705.29 of the Revised Code.	11203

(b) A majority of the voting electors have not voted in favor	11204
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11205
Chapter 5748. of the Revised Code that the auditor of state	11206
expects will raise enough additional revenue in the next	11207
succeeding fiscal year that division (B)(1)(a) of this section	11208
will not apply to the district in such next succeeding fiscal	11209
year.	11210

(2) The auditor of state shall issue an order declaring a	11211
school district to be in a state of fiscal emergency if the school	11212
district board fails, pursuant to section 3316.04 of the Revised	11213
Code, to submit a plan acceptable to the state superintendent of	11214
public instruction within one hundred twenty days of the auditor	11215
of state's declaration under division (A) of this section or an	11216
updated plan when one is required by division (C) of section	11217
3316.04 of the Revised Code;	11218

(3) The auditor of state shall issue an order declaring a	11219
school district to be in a state of fiscal emergency if both of	11220
the following conditions are satisfied:	11221

(a) The superintendent of public instruction has reported to	11222
the auditor of state that the district is not materially complying	11223
with the provisions of an original or updated plan as approved by	11224
the state superintendent under section 3316.04 of the Revised	11225
Code, and that the state superintendent has determined the	11226
declaration of a state of fiscal emergency necessary to prevent	11227
further fiscal decline;	11228

(b) The auditor of state finds that the determination of the	11229
superintendent is reasonable.	11230

If the auditor of state determines that the decision of the	11231
superintendent is not reasonable, the auditor of state shall	11232
provide the superintendent a written explanation of that	11233
determination.	11234

(4) The auditor of state shall issue an order declaring a	11235
school district to be in a state of fiscal emergency if a	11236
declaration of fiscal emergency is required by division (D) of	11237
section 3316.04 of the Revised Code.	11238

(5) The auditor of state may issue an order declaring a	11239
school district to be in a state of fiscal emergency if all of the	11240
following conditions are satisfied:	11241

(a) An operating deficit has been certified for the current	11242
fiscal year by the auditor of state, and the certified operating	11243
deficit exceeds ten per cent, but does not exceed fifteen per	11244
cent, of the school district's general fund revenue for the	11245
preceding fiscal year;	11246

(b) A majority of the voting electors have not voted in favor	11247
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11248
Chapter 5748. of the Revised Code that the auditor of state	11249
expects will raise enough additional revenue in the next	11250
succeeding fiscal year that division (B)(5)(a) of this section	11251
will not apply to the district in the next succeeding fiscal year;	11252

(c) The auditor of state determines that a declaration of	11253
fiscal emergency is necessary to correct the district's fiscal	11254
problems and to prevent further fiscal decline.	11255

(C) In making the determinations under this section, the	11256
auditor of state may use financial reports required under section	11257
117.43 of the Revised Code; tax budgets, certificates of estimated	11258
resources and amendments thereof, annual appropriating measures	11259
and spending plans, and any other documents or information	11260
prepared pursuant to Chapter 5705. of the Revised Code; and any	11261
other documents, records, or information available to the auditor	11262
of state that indicate the conditions described in divisions (A)	11263
and (B) of this section.	11264

(D) The auditor of state shall certify the action taken under	11265
division (A) or (B) of this section to the board of education of	11266
the school district, the director of budget and management, the	11267
mayor or county auditor who could be required to act pursuant to	11268
division (B)(1) of section 3316.05 of the Revised Code, and to the	11269
superintendent of public instruction.	11270

(E) A determination by the auditor of state under this	11271
section that a fiscal emergency condition does not exist is final	11272
and conclusive and not appealable. A determination by the auditor	11273
of state under this section that a fiscal emergency exists is	11274
final, except that the board of education of the school district	11275
affected by such a determination may appeal the determination of	11276
the existence of a fiscal emergency condition to the court of	11277
appeals having territorial jurisdiction over the school district.	11278
The appeal shall be heard expeditiously by the court of appeals	11279
and for good cause shown shall take precedence over all other	11280
civil matters except earlier matters of the same character. Notice	11281
of such appeal must be filed with the auditor of state and such	11282
court within thirty days after certification by the auditor of	11283
state to the board of education of the school district provided	11284
for in division (D) of this section. In such appeal,	11285
determinations of the auditor of state shall be presumed to be	11286
valid and the board of education shall have the burden of proving,	11287
by clear and convincing evidence, that each of the determinations	11288
made by the auditor of state as to the existence of a fiscal	11289
emergency condition under this section was in error. If the board	11290
of education fails, upon presentation of its case, to prove by	11291
clear and convincing evidence that each such determination by the	11292
auditor of state was in error, the court shall dismiss the appeal.	11293
The board of education and the auditor of state may introduce any	11294
evidence relevant to the existence or nonexistence of such fiscal	11295
emergency conditions. The pendency of any such appeal shall not	11296
affect or impede the operations of this chapter; no restraining	11297
order, temporary injunction, or other similar restraint upon	11298
actions consistent with this chapter shall be imposed by the court	11299
or any court pending determination of such appeal; and all things	11300
may be done under this chapter that may be done regardless of the	11301
pendency of any such appeal. Any action taken or contract	11302
executed pursuant to this chapter during the pendency of such	11303
appeal is valid and enforceable among all parties, notwithstanding	11304
the decision in such appeal. If the court of appeals reverses the	11305
determination of the existence of a fiscal emergency condition by	11306
the auditor of state, the determination no longer has any effect,	11307
and any procedures undertaken as a result of the determination	11308
shall be terminated.	11309

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	11310
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	11311
subject to the approval of the superintendent of public	11312
instruction, a school district that is in a state of fiscal watch	11313
declared under section 3316.03 of the Revised Code may restructure	11314
or refinance loans obtained or in the process of being obtained	11315
under section 3313.483 of the Revised Code if all of the following	11316
requirements are met:	11317

(1) The operating deficit certified for the school district	11318
for the current or preceding fiscal year under section 3313.483 of	11319
the Revised Code exceeds fifteen per cent of the district's	11320
general revenue fund for the fiscal year preceding the year for	11321
which the certification of the operating deficit is made.	11322

(2) The school district voters have, during the period of the	11323
fiscal watch, approved the levy of a tax under section 718.09,	11324
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	11325
not a renewal or replacement levy, or a levy under section	11326
5705.199 of the Revised Code, and that will provide new operating	11327
revenue.	11328

(3) The board of education of the school district has adopted	11329
or amended the financial plan required by section 3316.04 of the	11330
Revised Code to reflect the restructured or refinanced loans, and	11331
sets forth the means by which the district will bring projected	11332
operating revenues and expenditures, and projected debt service	11333
obligations, into balance for the life of any such loan.	11334

(B) Subject to the approval of the superintendent of public	11335
instruction, the school district may issue securities to evidence	11336
the restructuring or refinancing authorized by this section. Such	11337
securities may extend the original period for repayment not to	11338
exceed ten years, and may alter the frequency and amount of	11339
repayments, interest or other financing charges, and other terms	11340
or agreements under which the loans were originally contracted,	11341
provided the loans received under sections 3313.483 of the Revised	11342
Code are repaid from funds the district would otherwise receive	11343
under sections 3317.022 to 3317.025 of the Revised Code, as	11344
required under division (E)(3) of section 3313.483 of the Revised	11345
Code. Securities issued for the purpose of restructuring or	11346
refinancing under this section shall be repaid in equal payments	11347
and at equal intervals over the term of the debt and are not	11348
eligible to be included in any subsequent proposal to restructure	11349
or refinance.	11350

(C) Unless the district is declared to be in a state of	11351
fiscal emergency under division (D) of section 3316.04 of the	11352
Revised Code, a school district shall remain in a state of fiscal	11353
watch for the duration of the repayment period of any loan	11354
restructured or refinanced under this section.	11355

Sec. 3316.06. (A) Within one hundred twenty days after the	11356
first meeting of a school district financial planning and	11357
supervision commission, the commission shall adopt a financial	11358
recovery plan regarding the school district for which the	11359
commission was created. During the formulation of the plan, the	11360
commission shall seek appropriate input from the school district	11361
board and from the community. This plan shall contain the	11362
following:	11363

(1) Actions to be taken to:

11364

(a) Eliminate all fiscal emergency conditions declared to	11365
exist pursuant to division (B) of section 3316.03 of the Revised	11366
Code;	11367

(b) Satisfy any judgments, past-due accounts payable, and all	11368
past-due and payable payroll and fringe benefits;	11369

(c) Eliminate the deficits in all deficit funds, except that	11370
any prior year deficits in the textbook and instructional	11371
materials fund established pursuant to section 3315.17 of the	11372
Revised Code and the capital and maintenance fund established	11373
pursuant to section 3315.18 of the Revised Code shall be forgiven;	11374

(d) Restore to special funds any moneys from such funds that	11375
were used for purposes not within the purposes of such funds, or	11376
borrowed from such funds by the purchase of debt obligations of	11377
the school district with the moneys of such funds, or missing from	11378
the special funds and not accounted for, if any;	11379

(e) Balance the budget, avoid future deficits in any funds,	11380
and maintain on a current basis payments of payroll, fringe	11381
benefits, and all accounts;	11382

(f) Avoid any fiscal emergency condition in the future;

11383

(g) Restore the ability of the school district to market	11384
long-term general obligation bonds under provisions of law	11385
applicable to school districts generally.	11386

(2) The management structure that will enable the school	11387
district to take the actions enumerated in division (A)(1) of this	11388
section. The plan shall specify the level of fiscal and management	11389
control that the commission will exercise within the school	11390
district during the period of fiscal emergency, and shall	11391
enumerate respectively, the powers and duties of the commission	11392
and the powers and duties of the school board during that period.	11393
The commission may elect to assume any of the powers and duties of	11394
the school board it considers necessary, including all powers	11395
related to personnel, curriculum, and legal issues in order to	11396
successfully implement the actions described in division (A)(1) of	11397
this section.	11398

(3) The target dates for the commencement, progress upon, and	11399
completion of the actions enumerated in division (A)(1) of this	11400
section and a reasonable period of time expected to be required to	11401
implement the plan. The commission shall prepare a reasonable time	11402
schedule for progress toward and achievement of the requirements	11403
for the plan, and the plan shall be consistent with that time	11404
schedule.	11405

(4) The amount and purpose of any issue of debt obligations	11406
that will be issued, together with assurances that any such debt	11407
obligations that will be issued will not exceed debt limits	11408
supported by appropriate certifications by the fiscal officer of	11409
the school district and the county auditor. Debt obligations	11410
issued pursuant to section 133.301 of the Revised Code shall	11411
include assurances that such debt shall be in an amount not to	11412
exceed the amount certified under division (B) of such section. If	11413
the commission considers it necessary in order to maintain or	11414
improve educational opportunities of pupils in the school	11415
district, the plan may include a proposal to restructure or	11416
refinance outstanding debt obligations incurred by the board under	11417
section 3313.483 of the Revised Code contingent upon the approval,	11418
during the period of the fiscal emergency, by district voters of a	11419
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	11420
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	11421
replacement levy, or a levy under section 5705.199 of the Revised	11422
Code, and that will provide new operating revenue. Notwithstanding	11423
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	11424
the Revised Code, following the required approval of the district	11425
voters and with the approval of the commission, the school	11426
district may issue securities to evidence the restructuring or	11427
refinancing. Those securities may extend the original period for	11428
repayment, not to exceed ten years, and may alter the frequency	11429
and amount of repayments, interest or other financing charges, and	11430
other terms of agreements under which the debt originally was	11431
contracted, at the discretion of the commission, provided that any	11432
loans received pursuant to section 3313.483 of the Revised Code	11433
shall be paid from funds the district would otherwise receive	11434
under sections 3317.022 to 3317.025 of the Revised Code, as	11435
required under division (E)(3) of section 3313.483 of the Revised	11436
Code. The securities issued for the purpose of restructuring or	11437
refinancing the debt shall be repaid in equal payments and at	11438
equal intervals over the term of the debt and are not eligible to	11439
be included in any subsequent proposal for the purpose of	11440
restructuring or refinancing debt under this section.	11441

(B) Any financial recovery plan may be amended subsequent to	11442
its adoption. Each financial recovery plan shall be updated	11443
annually.	11444

(C) Each school district financial planning and supervision	11445
commission shall submit the financial recovery plan it adopts or	11446
updates under this section to the state superintendent of public	11447
instruction for approval immediately following its adoption or	11448
updating. The state superintendent shall evaluate the plan and	11449
either approve or disapprove it within thirty calendar days from	11450
the date of its submission. If the plan is disapproved, the state	11451
superintendent shall recommend modifications that will render it	11452
acceptable. No financial planning and supervision commission shall	11453
implement a financial recovery plan that is adopted or updated on	11454
or after April 10, 2001, unless the state superintendent has	11455
approved it.	11456

Sec. 3316.08. During a school district's fiscal emergency	11457
period, the auditor of state shall determine annually, or at any	11458
other time upon request of the financial planning and supervision	11459
commission, whether the school district will incur an operating	11460
deficit. If the auditor of state determines that a school district	11461
will incur an operating deficit, the auditor of state shall	11462
certify that determination to the superintendent of public	11463
instruction, the financial planning and supervision commission,	11464
and the board of education of the school district. Upon receiving	11465
the auditor of state's certification, the commission shall adopt a	11466
resolution requesting that the board of education work with the	11467
county auditor or tax commissioner to estimate the amount and rate	11468
of a tax levy that is needed under section 5705.194, 5709.199, or	11469
5705.21 or Chapter 5748. of the Revised Code to produce a positive	11470
fund balance not later than the fifth year of the five-year	11471
forecast submitted under section 5705.391 of the Revised Code.	11472

The board of education shall recommend to the commission	11473
whether the board supports or opposes a tax levy under section	11474
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	11475
Code and shall provide supporting documentation to the commission	11476
of its recommendation.	11477

After considering the board of education's recommendation and	11478
supporting documentation, the commission shall adopt a resolution	11479
to either submit a ballot question proposing a tax levy or not to	11480
submit such a question.	11481

Except as otherwise provided in this division, the tax shall	11482
be levied in the manner prescribed for a tax levied under section	11483
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	11484
Revised Code. If the commission decides that a tax should be	11485
levied, the tax shall be levied for the purpose of paying current	11486
operating expenses of the school district. The rate of a tax	11487
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	11488
Code shall be determined by the county auditor, and the rate of a	11489
tax levied under section 5748.02 or 5748.08 of the Revised Code	11490
shall be determined by the tax commissioner, upon the request of	11491
the commission. The commission, in consultation with the board of	11492
education, shall determine the election at which the question of	11493
the tax shall appear on the ballot, and the commission shall	11494
submit a copy of its resolution to the board of elections not	11495
later than seventy-five days prior to the day of that election.	11496
The board of elections conducting the election shall certify the	11497
results of the election to the board of education and to the	11498
financial planning and supervision commission.	11499

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	11500
Revised Code, the amounts required to be paid to a district under	11501
this chapter shall be adjusted by the amount of the computations	11502
made under divisions (B) to ~~(P)~~(N) of this section.	11503

As used in this section:

11504

(1) "Classroom teacher" means a licensed employee who	11505
provides direct instruction to pupils, excluding teachers funded	11506
from money paid to the district from federal sources; educational	11507
service personnel; and vocational and special education teachers.	11508

(2) "Educational service personnel" shall not include such	11509
specialists funded from money paid to the district from federal	11510
sources or assigned full-time to vocational or special education	11511
students and classes and may only include those persons employed	11512
in the eight specialist areas in a pattern approved by the	11513
department of education under guidelines established by the state	11514
board of education.	11515

(3) "Annual salary" means the annual base salary stated in	11516
the state minimum salary schedule for the performance of the	11517
teacher's regular teaching duties that the teacher earns for	11518
services rendered for the first full week of October of the fiscal	11519
year for which the adjustment is made under division (C) of this	11520
section. It shall not include any salary payments for supplemental	11521
teachers contracts.	11522

(4) "Regular student population" means the formula ADM plus	11523
the number of students reported as enrolled in the district	11524
pursuant to division (A)(1) of section 3313.981 of the Revised	11525
Code; minus the number of students reported under division (A)(2)	11526
of section 3317.03 of the Revised Code; minus the FTE of students	11527
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	11528
of that section who are enrolled in a vocational education class	11529
or receiving special education; and minus twenty per cent of the	11530
students enrolled concurrently in a joint vocational school	11531
district.	11532

(5) "State share percentage" has the same meaning as in	11533
section 3317.022 of the Revised Code.	11534

(6) "VEPD" means a school district or group of school	11535
districts designated by the department of education as being	11536
responsible for the planning for and provision of vocational	11537
education services to students within the district or group.	11538

(7) "Lead district" means a school district, including a	11539
joint vocational school district, designated by the department as	11540
a VEPD, or designated to provide primary vocational education	11541
leadership within a VEPD composed of a group of districts.	11542

(B) If the district employs less than one full-time	11543
equivalent classroom teacher for each twenty-five pupils in the	11544
regular student population in any school district, deduct the sum	11545
of the amounts obtained from the following computations:	11546

(1) Divide the number of the district's full-time equivalent	11547
classroom teachers employed by one twenty-fifth;	11548

(2) Subtract the quotient in (1) from the district's regular	11549
student population;	11550

(3) Multiply the difference in (2) by seven hundred fifty-two	11551
dollars.	11552

(C) If a positive amount, add one-half of the amount obtained	11553
by multiplying the number of full-time equivalent classroom	11554
teachers by:	11555

(1) The mean annual salary of all full-time equivalent	11556
classroom teachers employed by the district at their respective	11557
training and experience levels minus;	11558

(2) The mean annual salary of all such teachers at their	11559
respective levels in all school districts receiving payments under	11560
this section.	11561

The number of full-time equivalent classroom teachers used in	11562
this computation shall not exceed one twenty-fifth of the	11563
district's regular student population. In calculating the	11564
district's mean salary under this division, those full-time	11565
equivalent classroom teachers with the highest training level	11566
shall be counted first, those with the next highest training level	11567
second, and so on, in descending order. Within the respective	11568
training levels, teachers with the highest years of service shall	11569
be counted first, the next highest years of service second, and so	11570
on, in descending order.	11571

(D) This division does not apply to a school district that	11572
has entered into an agreement under division (A) of section	11573
3313.42 of the Revised Code. Deduct the amount obtained from the	11574
following computations if the district employs fewer than five	11575
full-time equivalent educational service personnel, including	11576
elementary school art, music, and physical education teachers,	11577
counselors, librarians, visiting teachers, school social workers,	11578
and school nurses for each one thousand pupils in the regular	11579
student population:	11580

(1) Divide the number of full-time equivalent educational	11581
service personnel employed by the district by five	11582
one-thousandths;	11583

(2) Subtract the quotient in (1) from the district's regular	11584
student population;	11585

(3) Multiply the difference in (2) by ninety-four dollars.

11586

(E) If a local school district, or a city or exempted village	11587
school district to which a governing board of an educational	11588
service center provides services pursuant to section 3313.843 of	11589
the Revised Code, deduct the amount of the payment required for	11590
the reimbursement of the governing board under section 3317.11 of	11591
the Revised Code.	11592

(F)(1) If the district is required to pay to or entitled to	11593
receive tuition from another school district under division (C)(2)	11594
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	11595
or if the superintendent of public instruction is required to	11596
determine the correct amount of tuition and make a deduction or	11597
credit under section 3317.08 of the Revised Code, deduct and	11598
credit such amounts as provided in division (J) of section 3313.64	11599
or section 3317.08 of the Revised Code.	11600

(2) For each child for whom the district is responsible for	11601
tuition or payment under division (A)(1) of section 3317.082 or	11602
section 3323.091 of the Revised Code, deduct the amount of tuition	11603
or payment for which the district is responsible.	11604

(G) If the district has been certified by the superintendent	11605
of public instruction under section 3313.90 of the Revised Code as	11606
not in compliance with the requirements of that section, deduct an	11607
amount equal to ten per cent of the amount computed for the	11608
district under section 3317.022 of the Revised Code.	11609

(H) If the district has received a loan from a commercial	11610
lending institution for which payments are made by the	11611
superintendent of public instruction pursuant to division (E)(3)	11612
of section 3313.483 of the Revised Code, deduct an amount equal to	11613
such payments.	11614

(I)(1) If the district is a party to an agreement entered	11615
into under division (D), (E), or (F) of section 3311.06 or	11616
division (B) of section 3311.24 of the Revised Code and is	11617
obligated to make payments to another district under such an	11618
agreement, deduct an amount equal to such payments if the district	11619
school board notifies the department in writing that it wishes to	11620
have such payments deducted.	11621

(2) If the district is entitled to receive payments from	11622
another district that has notified the department to deduct such	11623
payments under division (I)(1) of this section, add the amount of	11624
such payments.	11625

(J) If the district is required to pay an amount of funds to	11626
a cooperative education district pursuant to a provision described	11627
by division (B)(4) of section 3311.52 or division (B)(8) of	11628
section 3311.521 of the Revised Code, deduct such amounts as	11629
provided under that provision and credit those amounts to the	11630
cooperative education district for payment to the district under	11631
division (B)(1) of section 3317.19 of the Revised Code.	11632

(K)(1) If a district is educating a student entitled to	11633
attend school in another district pursuant to a shared education	11634
contract, compact, or cooperative education agreement other than	11635
an agreement entered into pursuant to section 3313.842 of the	11636
Revised Code, credit to that educating district on an FTE basis	11637
both of the following:	11638

(a) An amount equal to the sum of the formula amount plus	11639
the per pupil amount of the base funding supplements specified in	11640
divisions (C)(1) to (4) of section 3317.012 of the Revised Code.	11641

(b) An amount equal to the current formula amount times the	11642
state share percentage times any multiple applicable to the	11643
student pursuant to section 3317.013 or 3317.014 of the Revised	11644
Code.	11645

(2) Deduct any amount credited pursuant to division (K)(1) of	11646
this section from amounts paid to the school district in which the	11647
student is entitled to attend school pursuant to section 3313.64	11648
or 3313.65 of the Revised Code.	11649

(3) If the district is required by a shared education	11650
contract, compact, or cooperative education agreement to make	11651
payments to an educational service center, deduct the amounts from	11652
payments to the district and add them to the amounts paid to the	11653
service center pursuant to section 3317.11 of the Revised Code.	11654

(L)(1) If a district, including a joint vocational school	11655
district, is a lead district of a VEPD, credit to that district	11656
the amounts calculated for all the school districts within that	11657
VEPD pursuant to division (E)(2) of section 3317.022 of the	11658
Revised Code.	11659

(2) Deduct from each appropriate district that is not a lead	11660
district, the amount attributable to that district that is	11661
credited to a lead district under division (L)(1) of this section.	11662

(M) If the department pays a joint vocational school district	11663
under division (G)(4) of section 3317.16 of the Revised Code for	11664
excess costs of providing special education and related services	11665
to a student with a disability, as calculated under division	11666
(G)(2) of that section, the department shall deduct the amount of	11667
that payment from the city, local, or exempted village school	11668
district that is responsible as specified in that section for the	11669
excess costs.	11670

(N)(1) If the district reports an amount of excess cost for	11671
special education services for a child under division (C) of	11672
section 3323.14 of the Revised Code, the department shall pay that	11673
amount to the district.	11674

(2) If the district reports an amount of excess cost for	11675
special education services for a child under division (C) of	11676
section 3323.14 of the Revised Code, the department shall deduct	11677
that amount from the district of residence of that child.	11678

~~(O) If the department of job and family services presents to~~	11679
~~the department of education a payment request through an~~	11680
~~intrastate transfer voucher for the nonfederal share of~~	11681
~~reimbursements made to a school district for medicaid services~~	11682
~~provided by the district, the department of education shall pay~~	11683
~~the amount of that request to the department of job and family~~	11684
~~services and shall deduct the amount of that payment from the~~	11685
~~district.~~	11686

~~(P) If the department is required to pay an amount under~~	11687
~~section 3353.25 of the Revised Code to a school district~~	11688
~~delivering a course included in the clearinghouse established~~	11689
~~under section 3353.21 of the Revised Code for a student enrolled~~	11690
~~in a school district, the department shall deduct that amount~~	11691
~~from the school district in which the student is enrolled.~~	11692

Sec. 3317.11. (A) As used in this section:

11693

(1) "Client school district" means a city or exempted village	11694
school district that has entered into an agreement under section	11695
3313.843 of the Revised Code to receive any services from an	11696
educational service center.	11697

(2) "Service center ADM" means the sum of the total student	11698
counts of all local school districts within an educational service	11699
center's territory and all of the service center's client school	11700
districts.	11701

(3) "STEM school" means a science, technology, engineering,	11702
and mathematics school established under Chapter 3326. of the	11703
Revised Code.	11704

(4) "Total student count" has the same meaning as in section	11705
3301.011 of the Revised Code.	11706

(B)(1) The governing board of each educational service center	11707
shall provide supervisory services to each local school district	11708
within the service center's territory. Each city or exempted	11709
village school district that enters into an agreement under	11710
section 3313.843 of the Revised Code for a governing board to	11711
provide any services also is considered to be provided supervisory	11712
services by the governing board. Except as provided in division	11713
(B)(2) of this section, the supervisory services shall not exceed	11714
one supervisory teacher for the first fifty classroom teachers	11715
required to be employed in the districts, as calculated under	11716
section 3317.023 of the Revised Code, and one for each additional	11717
one hundred required classroom teachers, as so calculated.	11718

The supervisory services shall be financed annually through	11719
supervisory units. Except as provided in division (B)(2) of this	11720
section, the number of supervisory units assigned to each district	11721
shall not exceed one unit for the first fifty classroom teachers	11722
required to be employed in the district, as calculated under	11723
section 3317.023 of the Revised Code, and one for each additional	11724
one hundred required classroom teachers, as so calculated. The	11725
cost of each supervisory unit shall be the sum of:	11726

(a) The minimum salary prescribed by section 3317.13 of the	11727
Revised Code for the licensed supervisory employee of the	11728
governing board;	11729

(b) An amount equal to fifteen per cent of the salary	11730
prescribed by section 3317.13 of the Revised Code;	11731

(c) An allowance for necessary travel expenses, limited to	11732
the lesser of two hundred twenty-three dollars and sixteen cents	11733
per month or two thousand six hundred seventy-eight dollars per	11734
year.	11735

(2) If a majority of the boards of education, or	11736
superintendents acting on behalf of the boards, of the local and	11737
client school districts receiving services from the educational	11738
service center agree to receive additional supervisory services	11739
and to pay the cost of a corresponding number of supervisory units	11740
in excess of the services and units specified in division (B)(1)	11741
of this section, the service center shall provide the additional	11742
services as agreed to by the majority of districts to, and the	11743
department of education shall apportion the cost of the	11744
corresponding number of additional supervisory units pursuant to	11745
division (B)(3) of this section among, all of the service center's	11746
local and client school districts.	11747

(3) The department shall apportion the total cost for all	11748
supervisory units among the service center's local and client	11749
school districts based on each district's total student count. The	11750
department shall deduct each district's apportioned share pursuant	11751
to division (E) of section 3317.023 of the Revised Code and pay	11752
the apportioned share to the service center.	11753

(C) The department annually shall deduct from each local and	11754
client school district of each educational service center,	11755
pursuant to division (E) of section 3317.023 of the Revised Code,	11756
and pay to the service center an amount equal to six dollars and	11757
fifty cents times the school district's total student count. The	11758
board of education, or the superintendent acting on behalf of the	11759
board, of any local or client school district may agree to pay an	11760
amount in excess of six dollars and fifty cents per student in	11761
total student count. If a majority of the boards of education, or	11762
superintendents acting on behalf of the boards, of the local	11763
school districts within a service center's territory approve an	11764
amount in excess of six dollars and fifty cents per student in	11765
total student count, the department shall deduct the approved	11766
excess per student amount from all of the local school districts	11767
within the service center's territory and pay the excess amount to	11768
the service center.	11769

(D) The department shall pay each educational service center	11770
the amounts due to it from school districts pursuant to contracts,	11771
compacts, or agreements under which the service center furnishes	11772
services to the districts or their students. In order to receive	11773
payment under this division, an educational service center shall	11774
furnish either a copy of the contract, compact, or agreement	11775
clearly indicating the amounts of the payments, or a written	11776
statement that clearly indicates the payments owed and is signed	11777
by the superintendent or treasurer of the responsible school	11778
district. The amounts paid to service centers under this division	11779
shall be deducted from payments to school districts pursuant to	11780
division (K)(3) of section 3317.023 of the Revised Code.	11781

(E) Each school district's deduction under this section and	11782
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	11783
shall be made from the total payment computed for the district	11784
under this chapter, after making any other adjustments in that	11785
payment required by law.	11786

(F)(1) Except as provided in division (F)(2) of this section,	11787
the department annually shall pay the governing board of each	11788
educational service center state funds equal to thirty-seven	11789
dollars times its service center ADM.	11790

(2) The department annually shall pay state funds equal to	11791
forty dollars and fifty-two cents times the service center ADM to	11792
each educational service center comprising territory that was	11793
included in the territory of at least three former service centers	11794
or county school districts, which former centers or districts	11795
engaged in one or more mergers under section 3311.053 of the	11796
Revised Code to form the present center.	11797

(G) Each city, exempted village, local, joint vocational, or	11798
cooperative education school district shall pay to the governing	11799
board of an educational service center any amounts agreed to for	11800
each child enrolled in the district who receives special education	11801
and related services or career-technical education from the	11802
educational service center, unless these educational services are	11803
provided pursuant to a contract, compact, or agreement for which	11804
the department deducts and transfers payments under division (D)	11805
of this section and division (K)(3) of section 3317.023 of the	11806
Revised Code.	11807

(H) The department annually shall pay the governing board of	11808
each educational service center that has entered into a contract	11809
with a STEM school for the provision of services described in	11810
division (B) of section 3326.45 of the Revised Code state funds	11811
equal to the per-pupil amount specified in the contract for the	11812
provision of those services times the number of students enrolled	11813
in the STEM school.	11814

(I) An educational service center:

11815

(1) May provide special education and career-technical	11816
education to students in its local or client school districts;	11817

(2) Is eligible for transportation funding under division (G)	11818
of section 3317.024 of the Revised Code and for state subsidies	11819
for the purchase of school buses under section 3317.07 of the	11820
Revised Code;	11821

(3) May apply for and receive gifted education units and	11822
provide gifted education services to students in its local or	11823
client school districts;	11824

(4) May conduct driver education for high school students in	11825
accordance with Chapter 4508. of the Revised Code.	11826

Sec. 3317.20. This section does not apply to preschool	11827
children with disabilities.	11828

(A) As used in this section:

11829

(1) "Applicable weight" means the multiple specified in	11830
section 3317.013 of the Revised Code for a disability described in	11831
that section.	11832

(2) "Child's school district" means the school district in	11833
which a child is entitled to attend school pursuant to section	11834
3313.64 or 3313.65 of the Revised Code.	11835

(3) "State share percentage" means the state share percentage	11836
of the child's school district as defined in section 3317.022 of	11837
the Revised Code.	11838

(B) Except as provided in division (C) of this section, the	11839
department shall annually pay each county MR/DD board for each	11840
child with a disability, other than a preschool child with a	11841
disability, for whom the county MR/DD board provides special	11842
education and related services an amount equal to the formula	11843
amount + (state share percentage X formula amount X the	11844
applicable weight).	11845

(C) If any school district places with a county MR/DD board	11846
more children with disabilities than it had placed with a county	11847
MR/DD board in fiscal year 1998, the department shall not make a	11848
payment under division (B) of this section for the number of	11849
children exceeding the number placed in fiscal year 1998. The	11850
department instead shall deduct from the district's payments	11851
under this chapter, and pay to the county MR/DD board, an amount	11852
calculated in accordance with the formula prescribed in division	11853
(B) of this section for each child over the number of children	11854
placed in fiscal year 1998.	11855

(D) The department shall calculate for each county MR/DD	11856
board receiving payments under divisions (B) and (C) of this	11857
section the following amounts:	11858

(1) The amount received by the county MR/DD board for	11859
approved special education and related services units, other than	11860
units for preschool children with disabilities, in fiscal year	11861
1998, divided by the total number of children served in the units	11862
that year;	11863

(2) The product of the quotient calculated under division	11864
(D)(1) of this section times the number of children for whom	11865
payments are made under divisions (B) and (C) of this section.	11866

If the amount calculated under division (D)(2) of this	11867
section is greater than the total amount calculated under	11868
divisions (B) and (C) of this section, the department shall pay	11869
the county MR/DD board one hundred per cent of the difference in	11870
addition to the payments under divisions (B) and (C) of this	11871
section.	11872

(E) Each county MR/DD board shall report to the department,	11873
in the manner specified by the department, the name of each child	11874
for whom the county MR/DD board provides special education and	11875
related services and the child's school district.	11876

(F)(1) For the purpose of verifying the accuracy of the	11877
payments under this section, the department may request from	11878
either of the following entities the data verification code	11879
assigned under division (D)(2) of section 3301.0714 of the Revised	11880
Code to any child who is placed with a county MR/DD board:	11881

(a) The child's school district;

11882

(b) The independent contractor engaged to create and maintain	11883
data verification codes.	11884

(2) Upon a request by the department under division (F)(1) of	11885
this section for the data verification code of a child, the	11886
child's school district shall submit that code to the department	11887
in the manner specified by the department. If the child has not	11888
been assigned a code, the district shall assign a code to that	11889
child and submit the code to the department by a date specified by	11890
the department. If the district does not assign a code to the	11891
child by the specified date, the department shall assign a code to	11892
the child.	11893

The department annually shall submit to each school district	11894
the name and data verification code of each child residing in the	11895
district for whom the department has assigned a code under this	11896
division.	11897

(3) The department shall not release any data verification	11898
code that it receives under division (F) of this section to any	11899
person except as provided by law.	11900

(G) Any document relative to special education and related	11901
services provided by a county MR/DD board that the department	11902
holds in its files that contains both a student's name or other	11903
personally identifiable information and the student's data	11904
verification code shall not be a public record under section	11905
149.43 of the Revised Code.	11906

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	11907
Revised Code:	11908

(A) "Ohio school facilities commission" means the commission	11909
created pursuant to section 3318.30 of the Revised Code.	11910

(B) "Classroom facilities" means rooms in which pupils	11911
regularly assemble in public school buildings to receive	11912
instruction and education and such facilities and building	11913
improvements for the operation and use of such rooms as may be	11914
needed in order to provide a complete educational program, and may	11915
include space within which a child care facility or a community	11916
resource center is housed. "Classroom facilities" includes any	11917
space necessary for the operation of a vocational education	11918
program for secondary students in any school district that	11919
operates such a program.	11920

(C) "Project" means a project to construct or acquire	11921
classroom facilities, or to reconstruct or make additions to	11922
existing classroom facilities, to be used for housing the	11923
applicable school district and its functions.	11924

For a district that opts to divide its entire classroom	11925
facilities needs into segments to be completed separately, as	11926
authorized by section 3318.034 of the Revised Code, "project"	11927
means a segment.	11928

(D) "School district" means a local, exempted village, or	11929
city school district as such districts are defined in Chapter	11930
3311. of the Revised Code, acting as an agency of state	11931
government, performing essential governmental functions of state	11932
government pursuant to sections 3318.01 to 3318.20 of the Revised	11933
Code.	11934

For purposes of assistance provided under sections 3318.40 to	11935
3318.45 of the Revised Code, the term "school district" as used in	11936
this section and in divisions (A), (C), and (D) of section 3318.03	11937
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	11938
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	11939
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	11940
Code means a joint vocational school district established pursuant	11941
to section 3311.18 of the Revised Code.	11942

(E) "School district board" means the board of education of a	11943
school district.	11944

(F) "Net bonded indebtedness" means the difference between	11945
the sum of the par value of all outstanding and unpaid bonds and	11946
notes which a school district board is obligated to pay and any	11947
amounts the school district is obligated to pay under	11948
lease-purchase agreements entered into under section 3313.375 of	11949
the Revised Code, and the amount held in the sinking fund and	11950
other indebtedness retirement funds for their redemption. Notes	11951
issued for school buses in accordance with section 3327.08 of the	11952
Revised Code, notes issued in anticipation of the collection of	11953
current revenues, and bonds issued to pay final judgments shall	11954
not be considered in calculating the net bonded indebtedness.	11955

"Net bonded indebtedness" does not include indebtedness	11956
arising from the acquisition of land to provide a site for	11957
classroom facilities constructed, acquired, or added to pursuant	11958
to sections 3318.01 to 3318.20 of the Revised Code or the par	11959
value of bonds that have been authorized by the electors and the	11960
proceeds of which will be used by the district to provide any part	11961
of its portion of the basic project cost.	11962

(G) "Board of elections" means the board of elections of the	11963
county containing the most populous portion of the school	11964
district.	11965

(H) "County auditor" means the auditor of the county in which	11966
the greatest value of taxable property of such school district is	11967
located.	11968

(I) "Tax duplicates" means the general tax lists and	11969
duplicates prescribed by sections 319.28 and 319.29 of the Revised	11970
Code.	11971

(J) "Required level of indebtedness" means:

11972

(1) In the case of school districts in the first percentile,	11973
five per cent of the district's valuation for the year preceding	11974
the year in which the controlling board approved the project under	11975
section 3318.04 of the Revised Code.	11976

(2) In the case of school districts ranked in a subsequent	11977
percentile, five per cent of the district's valuation for the year	11978
preceding the year in which the controlling board approved the	11979
project under section 3318.04 of the Revised Code, plus [two	11980
one-hundredths of one per cent multiplied by (the percentile in	11981
which the district ranks for the fiscal year preceding the fiscal	11982
year in which the controlling board approved the district's	11983
project minus one)].	11984

(K) "Required percentage of the basic project costs" means	11985
one per cent of the basic project costs times the percentile in	11986
which the school district ranks for the fiscal year preceding the	11987
fiscal year in which the controlling board approved the district's	11988
project.	11989

(L) "Basic project cost" means a cost amount determined in	11990
accordance with rules adopted under section 111.15 of the Revised	11991
Code by the Ohio school facilities commission. The basic project	11992
cost calculation shall take into consideration the square footage	11993
and cost per square foot necessary for the grade levels to be	11994
housed in the classroom facilities, the variation across the state	11995
in construction and related costs, the cost of the installation of	11996
site utilities and site preparation, the cost of demolition of all	11997
or part of any existing classroom facilities that are abandoned	11998
under the project, the cost of insuring the project until it is	11999
completed, any contingency reserve amount prescribed by the	12000
commission under section 3318.086 of the Revised Code, and the	12001
professional planning, administration, and design fees that a	12002
school district may have to pay to undertake a classroom	12003
facilities project.	12004

For a joint vocational school district that receives	12005
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12006
the basic project cost calculation for a project under those	12007
sections shall also take into account the types of laboratory	12008
spaces and program square footages needed for the vocational	12009
education programs for high school students offered by the school	12010
district.	12011

For a district that opts to divide its entire classroom	12012
facilities needs into segments, each segment to be completed as a	12013
separate project, as authorized by section 3318.034 of the Revised	12014
Code, "basic project cost" means the cost determined in accordance	12015
with this division of a segment.	12016

(M)(1) Except for a joint vocational school district that	12017
receives assistance under sections 3318.40 to 3318.45 of the	12018
Revised Code, a "school district's portion of the basic project	12019
cost" means the amount determined under section 3318.032 of the	12020
Revised Code.	12021

(2) For a joint vocational school district that receives	12022
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12023
a "school district's portion of the basic project cost" means the	12024
amount determined under division (C) of section 3318.42 of the	12025
Revised Code.	12026

(N) "Child care facility" means space within a classroom	12027
facility in which the needs of infants, toddlers, preschool	12028
children, and school children are provided for by persons other	12029
than the parent or guardian of such children for any part of the	12030
day, including persons not employed by the school district	12031
operating such classroom facility.	12032

(O) "Community resource center" means space within a	12033
classroom facility in which comprehensive services that support	12034
the needs of families and children are provided by community-based	12035
social service providers.	12036

(P) "Valuation" means the total value of all property in the	12037
school district as listed and assessed for taxation on the tax	12038
duplicates.	12039

(Q) "Percentile" means the percentile in which the school	12040
district is ranked pursuant to section 3318.011 of the Revised	12041
Code.	12042

(R) "Installation of site utilities" means the installation	12043
of a site domestic water system, site fire protection system, site	12044
gas distribution system, site sanitary system, site storm drainage	12045
system, and site telephone and data system.	12046

(S) "Site preparation" means the earthwork necessary for	12047
preparation of the building foundation system, the paved	12048
pedestrian and vehicular circulation system, playgrounds on the	12049
project site, and lawn and planting on the project site.	12050

Sec. 3318.03. (A) Before conducting an on-site evaluation of	12051
a school district under section 3318.02 of the Revised Code, at	12052
the request of the district board of education, the Ohio school	12053
facilities commission shall examine any classroom facilities needs	12054
assessment that has been conducted by the district and any master	12055
plan developed for meeting the facility needs of the district.	12056

(B) Upon conducting the on-site evaluation under section	12057
3318.02 of the Revised Code, the Ohio school facilities commission	12058
shall make a determination of all of the following:	12059

(1) The needs of the school district for additional classroom	12060
facilities;	12061

(2) The number of classroom facilities to be included in a	12062
project and the basic project cost of constructing, acquiring,	12063
reconstructing, or making additions to each such facility;	12064

(3) The amount of such cost that the school district can	12065
supply from available funds, by the issuance of bonds previously	12066
authorized by the electors of the school district the proceeds of	12067
which can lawfully be used for the project and by the issuance of	12068
bonds under section 3318.05 of the Revised Code;	12069

(4) The remaining amount of such cost that shall be supplied	12070
by the state;	12071

(5) The amount of the state's portion to be encumbered in	12072
accordance with section 3318.11 of the Revised Code in the current	12073
and subsequent fiscal years from funds appropriated for purposes	12074
of sections 3318.01 to 3318.20 of the Revised Code.	12075

For a district that opts to divide its entire classroom	12076
facilities needs into segments to be completed separately, as	12077
authorized by section 3318.034 of the Revised Code, the	12078
determinations made under divisions (B)(1) to (5) of this section	12079
apply only to the segment that currently is proceeding as a	12080
separate project in accordance with section 3318.034 of the	12081
Revised Code.	12082

(C) The commission shall make a determination in favor of	12083
constructing, acquiring, reconstructing, or making additions to a	12084
classroom facility only upon evidence that the proposed project	12085
conforms to sound educational practice, that it is in keeping with	12086
the orderly process of school district reorganization and	12087
consolidation, and that the actual or projected enrollment in each	12088
classroom facility proposed to be included in the project is at	12089
least three hundred fifty pupils. Exceptions shall be authorized	12090
only in those districts where topography, sparsity of population,	12091
and other factors make larger schools impracticable.	12092

If the school district board determines that an existing	12093
facility has historical value or for other good cause determines	12094
that an existing facility should be renovated in lieu of acquiring	12095
a comparable facility by new construction, the commission may	12096
approve the expenditure of project funds for the renovation of	12097
that facility up to but not exceeding one hundred per cent of the	12098
estimated cost of acquiring a comparable facility by new	12099
construction, as long as the commission determines that the	12100
facility when renovated can be operationally efficient, will be	12101
adequate for the future needs of the district, and will comply	12102
with the other provisions of this division.	12103

(D) Sections 125.81 and 153.04 of the Revised Code shall not	12104
apply to classroom facilities constructed under either sections	12105
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	12106
Code.	12107

Sec. 3318.032. (A) ~~The~~Except as otherwise provided in	12108
divisions (C) and (D) of this section, the portion of the basic	12109
project cost supplied by the school district shall be the greater	12110
of:	12111

(1) The required percentage of the basic project costs;

12112

(2) An(a) For all districts except a district that opts to	12113
divide its entire classroom facilities needs into segments to be	12114
completed separately as authorized by section 3318.034 of the	12115
Revised Code, an amount necessary to raise the school district's	12116
net bonded indebtedness, as of the date the controlling board	12117
approved the project, to within five thousand dollars of the	12118
required level of indebtedness.;	12119

(b) For a district that opts to divide its entire classroom	12120
facilities needs into segments to be completed separately as	12121
authorized by section 3318.034 of the Revised Code, an amount	12122
necessary to raise the school district's net bonded indebtedness,	12123
as of the date the controlling board approved the segment as a	12124
separate project, to within five thousand dollars of the	12125
following:	12126

The required level of indebtedness X (the basic	12127

project cost of the segment as approved as a separate	12128

project by the controlling board / the estimated basic	12129

project cost of the district's entire classroom facilities	12130

needs as determined jointly by the staff of the Ohio school	12131

facilities commission and the district)	12132

(B) The amount of the district's share determined under this	12133
section shall be calculated only as of the date the controlling	12134
board approved the project, and that amount applies throughout the	12135
one-year period permitted under section 3318.05 of the Revised	12136
Code for the district's electors to approve the propositions	12137
described in that section. If the amount reserved and encumbered	12138
for a project is released because the electors do not approve	12139
those propositions within that year, and the school district later	12140
receives the controlling board's approval for the project, the	12141
district's portion shall be recalculated in accordance with this	12142
section as of the date of the controlling board's subsequent	12143
approval.	12144

(C) ~~Notwithstanding anything to the contrary in division (A)~~	12145
~~or (B) of this section, at~~At no time shall a school district's	12146
portion of the basic project cost be greater than ninety-five per	12147
cent of the total basic project cost.	12148

(D) If the controlling board approves a project under	12149
sections 3318.01 to 3318.20 of the Revised Code for a school	12150
district that previously received assistance under those sections	12151
or section 3318.37 of the Revised Code within the twenty-year	12152
period prior to the date on which the controlling board approves	12153
the new project, the district's portion of the basic project cost	12154
for the new project shall be the lesser of the following:	12155

(1) The portion calculated under division (A) of this	12156
section;	12157

(2) The greater of the following:

12158

(a) The required percentage of the basic project costs for	12159
the new project;	12160

(b) The percentage of the basic project cost paid by the	12161
district for the previous project.	12162

Sec. 3318.033. (A) As used in this section:

12163

(1) "Formula ADM" has the same meaning as in section 3317.02	12164
of the Revised Code.	12165

(2) "Open enrollment net gain" has the same meaning as in	12166
section 3318.011 of the Revised Code.	12167

(B) This section applies to each school district that meets	12168
the following criteria:	12169

(1) The Ohio school facilities commission certified its	12170
conditional approval of the district's project under sections	12171
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and	12172
prior to September 29, 2007, and the project had not been	12173
completed as of September 29, 2007.	12174

(2) Within one year after the date of the commission's	12175
certification of its conditional approval, the district's electors	12176
approved a bond issue to pay the district's portion of the basic	12177
project cost or the district board of education complied with	12178
section 3318.052 of the Revised Code.	12179

(3) In the fiscal year prior to the fiscal year in which the	12180
district's project was conditionally approved, the district had an	12181
open enrollment net gain that was ten per cent or more of its	12182
formula ADM.	12183

(C) For each school district to which this section applies,	12184
the department of education shall recalculate the district's	12185
percentile ranking under section 3318.011 of the Revised Code for	12186
the fiscal year prior to the fiscal year in which the district's	12187
project was conditionally approved and shall report the	12188
recalculated percentile ranking to the commission. For this	12189
purpose, the department shall recalculate every school district's	12190
percentile ranking for that fiscal year using the district's	12191
"valuation per pupil" as that term is defined in section 3318.011	12192
of the Revised Code on and after September 29, 2007.	12193

(D) For each school district to which this section applies,	12194
the commission shall use the recalculated percentile ranking	12195
reported under division (C) of this section to determine the	12196
district's portion of the basic project cost under section	12197
3318.032 of the Revised Code. The commission shall not use the	12198
recalculated percentile ranking for any other purpose, and the	12199
recalculated ranking shall not affect any other district's portion	12200
of the basic project cost under section 3318.032 of the Revised	12201
Code or any district's eligibility for assistance under sections	12202
3318.01 to 3318.20 of the Revised Code. The commission shall	12203
revise the agreement entered into under section 3318.08 of the	12204
Revised Code to reflect the district's new portion of the basic	12205
project cost as determined under this division.	12206

Sec. 3318.034. (A) This section applies to any school	12207
district that is offered assistance under sections 3318.01 to	12208
3318.20 of the Revised Code on or after the effective date of this	12209
section.	12210

Notwithstanding any provision of this chapter to the	12211
contrary, with the approval of the Ohio school facilities	12212
commission, any school district to which this section applies may	12213
opt to divide the district's entire classroom facilities needs, as	12214
those needs are jointly determined by the staff of the commission	12215
and the school district, into discrete segments and may proceed	12216
with each segment sequentially as a separate project under those	12217
sections. That project shall comply with all of the provisions of	12218
those sections unless otherwise provided in this section.	12219

(B) Each segment shall comply with all of the following:

12220

(1) The segment shall consist of the new construction of one	12221
or more entire buildings or the complete renovation of one or more	12222
entire existing buildings, with any necessary additions to that	12223
building.	12224

(2) The segment shall not include any construction of or	12225
renovation or repair to any building that does not complete the	12226
needs of the district with respect to that particular building at	12227
the time the segment is completed.	12228

(3) The segment shall consist of new construction,	12229
renovations, additions, reconstruction, or repair of classroom	12230
facilities to the extent that the school district portion, as	12231
determined under section 3318.032 of the Revised Code, is an	12232
amount not less than the amount that likely would be generated	12233
from a property tax of three mills times the district's valuation	12234
for twenty-three years, unless the district previously has	12235
undertaken a segment as a separate project under this section and	12236
the district's portion of the estimated basic project cost of the	12237
remainder of its entire classroom facilities needs, as determined	12238
jointly by the staff of the commission and the district, is less	12239
than the amount otherwise required by this division.	12240

(C) The commission shall conditionally approve and seek	12241
controlling board approval in accordance with division (A) of	12242
section 3318.04 of the Revised Code of each segment, at the time	12243
it is proposed, as a separate project. Approval by the voting	12244
members of the commission or the controlling board of the	12245
district's entire classroom facilities needs, as determined	12246
jointly by the staff of the commission and district, shall not be	12247
required. If the commission conditionally approves and the	12248
controlling board approves the segment as a separate project, the	12249
district board accepts that approval pursuant to section 3318.05	12250
of the Revised Code, and the district electors approve any bond	12251
issuance and taxes necessary to pay the district's portion of the	12252
basic project cost or the district board otherwise raises	12253
sufficient funds, as authorized by this chapter, to pay the	12254
district's portion of the basic project cost, the commission	12255
shall enter into an agreement with the district board under	12256
section 3318.08 of the Revised Code for the segment as a separate	12257
project. That agreement shall include an acknowledgment that the	12258
project covered by the agreement is only one segment of the	12259
district's entire classroom facilities needs, as determined	12260
jointly by the staff of the commission and the district, and that	12261
the district may proceed with future segments under this section	12262
at a later time, as prescribed in division (D) of this section.	12263
The commission and the district board shall enter into a separate	12264
agreement under section 3318.08 of the Revised Code for each	12265
segment.	12266

(D) A school district that undertakes a segment of its entire	12267
classroom facilities needs, as determined jointly by the staff of	12268
the commission and the district, as a separate project may	12269
undertake a subsequent segment as another separate project at any	12270
time, as long as the current percentile of the district is	12271
eligible for assistance under section 3318.02 of the Revised Code.	12272

(E) The school district portion of the basic project cost of	12273
each segment undertaken as a separate project under this section	12274
shall be determined under section 3318.032 of the Revised Code	12275
using the district's current percentile.	12276

(F) The school district's maintenance levy requirement, as	12277
defined in section 3318.18 of the Revised Code, shall run for	12278
twenty-three years from the date the first segment is undertaken.	12279

Sec. 3318.04. (A) If the Ohio school facilities commission	12280
makes a determination under section 3318.03 of the Revised Code in	12281
favor of constructing, acquiring, reconstructing, or making	12282
additions to a classroom facility, the project shall be	12283
conditionally approved. Such conditional approval shall be	12284
submitted to the controlling board for approval thereof. The	12285
controlling board shall forthwith approve or reject the	12286
commission's determination, conditional approval, the amount of	12287
the state's portion of the basic project cost, and, the amount of	12288
the state's portion to be encumbered in the current fiscal year.	12289
In the event of approval thereof by the controlling board, the	12290
commission shall certify such conditional approval to the school	12291
district board and shall encumber from the total funds	12292
appropriated for the purpose of sections 3318.01 to 3318.20 of the	12293
Revised Code the amount approved under this section to be	12294
encumbered in the current fiscal year.	12295

The basic project cost for a project approved under this	12296
section shall not exceed the cost that would otherwise have to be	12297
incurred if the classroom facilities to be constructed, acquired,	12298
or reconstructed, or the additions to be made to classroom	12299
facilities, under such project meet, but do not exceed, the	12300
specifications for plans and materials for classroom facilities	12301
adopted by the commission.	12302

(B)(1) No school district shall have a project conditionally	12303
approved pursuant to this section if the school district has	12304
already received any assistance for a project funded under any	12305
version of sections 3318.01 to 3318.20 of the Revised Code, and	12306
the prior project was one for which the electors of such district	12307
approved a levy within the last twenty years pursuant to any	12308
version of section 3318.06 of the Revised Code for purposes of	12309
qualifying for the funding of that project, unless the district	12310
demonstrates to the satisfaction of the commission that the	12311
district has experienced since approval of its prior project an	12312
exceptional increase in enrollment significantly above the	12313
district's design capacity under that prior project as determined	12314
by rule of the commission.	12315

(2) Notwithstanding division (B)(1) of this section, any	12316
school district that received assistance under sections 3318.01 to	12317
3318.20 of the Revised Code, as those sections existed prior to	12318
May 20, 1997, may receive additional assistance under those	12319
sections, as they exist on and after May 20, 1997, prior to the	12320
expiration of the period of time required under division (B)(1) of	12321
this section, if the percentile in which the school district is	12322
located, as determined under section 3318.011 of the Revised Code,	12323
is eligible for assistance as prescribed in section 3318.02 of the	12324
Revised Code.	12325

The commission may provide assistance under sections 3318.01	12326
to 3318.20 of the Revised Code pursuant to this division to no	12327
more than five school districts per fiscal year until all eligible	12328
school districts have received the additional assistance	12329
authorized under this division. The commission shall establish	12330
application procedures, deadlines, and priorities for funding	12331
projects under this division.	12332

The commission at its discretion may waive current design	12333
specifications it has adopted for projects under sections 3318.01	12334
to 3318.20 of the Revised Code when assessing an application for	12335
additional assistance under this division for the renovation of	12336
classroom facilities constructed or renovated under a school	12337
district's previous project. If the commission finds that a	12338
school district's existing classroom facilities are adequate to	12339
meet all of the school district's needs, the commission may	12340
determine that no additional state assistance be awarded to a	12341
school district under this division.	12342

In order for a school district to be eligible to receive any	12343
additional assistance under this division, the school district	12344
electors shall extend the school district's existing levy	12345
dedicated for maintenance of classroom facilities under Chapter	12346
3318. of the Revised Code, pursuant to section 3318.061 of the	12347
Revised Code or shall provide equivalent alternative maintenance	12348
funds as specified in division (A)(2) of section 3318.06 of the	12349
Revised Code.	12350

(3) Notwithstanding division (B)(1) of this section, any	12351
school district that has received assistance under sections	12352
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	12353
receive additional assistance if the commission decides in favor	12354
of providing such assistance pursuant to section 3318.042 of the	12355
Revised Code.	12356

(4) Notwithstanding division (B)(1) of this section, any	12357
school district that has opted to divide its entire classroom	12358
facilities needs into segments to be completed separately, as	12359
authorized by section 3318.034 of the Revised Code, and that has	12360
received assistance under sections 3318.01 to 3318.20 of the	12361
Revised Code for one of those segments may receive assistance	12362
under those sections for a subsequent segment. Assistance for any	12363
subsequent segment shall not include any additional work on a	12364
building included in a prior segment unless the district	12365
demonstrates to the satisfaction of the commission that the	12366
district has experienced since the completion of the prior segment	12367
an exceptional increase in enrollment in the grade levels housed	12368
in that building.	12369

Sec. 3319.291. (A) The state board of education shall	12370
require each of the following persons, at the times prescribed by	12371
division (A) of this section, to submit two complete sets of	12372
fingerprints and written permission that authorizes the	12373
superintendent of public instruction to forward the fingerprints	12374
to the bureau of criminal identification and investigation	12375
pursuant to division (F) of section 109.57 of the Revised Code and	12376
that authorizes that bureau to forward the fingerprints to the	12377
federal bureau of investigation for purposes of obtaining any	12378
criminal records that the federal bureau maintains on the person:	12379

(1) Any person initially applying for any certificate,	12380
license, or permit described in this chapter or in division (B) of	12381
section 3301.071 or in section 3301.074 of the Revised Code at	12382
the time that application is made;	12383

(2) Any person applying for renewal of any certificate,	12384
license, or permit described in division (A)(1) of this section at	12385
the time that application is made;	12386

(3) Any person who is teaching under a professional teaching	12387
certificate issued under former section 3319.22 or under section	12388
3319.222 of the Revised Code upon a date prescribed by the state	12389
board that is not later than five years after the date that the	12390
certificate was issued or renewed;	12391

(4) Any person who is teaching under a permanent teaching	12392
certificate issued under former section 3319.22 or under section	12393
3319.222 of the Revised Code upon a date prescribed by the state	12394
board and every five years thereafter.	12395

(B) Except as provided in division (C) of this section, prior	12396
to issuing or renewing any certificate, license, or permit	12397
described in division (A)(1) or (2) of this section and in the	12398
case of a person required to submit fingerprints and written	12399
permission under division (A)(3) or (4) of this section, the state	12400
board or the superintendent of public instruction shall request	12401
the superintendent of the bureau of criminal identification and	12402
investigation to investigate and determine whether the bureau has	12403
any information, gathered pursuant to division (A) of section	12404
109.57 of the Revised Code, pertaining to any person submitting	12405
fingerprints and written permission under this section and to	12406
obtain any criminal records that the federal bureau of	12407
investigation has on the person.	12408

(C) The state board or the superintendent of public	12409
instruction may choose not to request any information required by	12410
division (B) of this section if the person applying for the	12411
issuance or renewal of a certificate, license, or permit described	12412
in division (A)(1) or (2) of this section or the person required	12413
to submit fingerprints and written permission under division	12414
(A)(3) or (4) of this section provides proof that a criminal	12415
records check was conducted on the person as a condition of	12416
employment pursuant to section 3319.39 of the Revised Code within	12417
the immediately preceding year. The state board or the	12418
superintendent of public instruction may accept a certified copy	12419
of records that were issued by the bureau of criminal	12420
identification and investigation and that are presented by a	12421
person applying for the issuance or renewal of a certificate,	12422
license, or permit described in this section in lieu of requesting	12423
that information under division (B) of this section if the records	12424
were issued by the bureau within the immediately preceding year.	12425

(D) Notwithstanding divisions (A) and (B) of this section, if	12426
a person holds more than one certificate, license, or permit	12427
described in division (A)(1) of this section, the following shall	12428
apply:	12429

(1) If the certificates, licenses, or permits are of	12430
different durations, the person shall be subject to divisions	12431
(A)(2) and (B) of this section only when applying for renewal of	12432
the certificate, license, or permit that is of the longest	12433
duration. Prior to renewing any certificate, license, or permit	12434
with a shorter duration, the state board or the superintendent of	12435
public instruction shall determine whether the department of	12436
education has received any information about the person pursuant	12437
to section 109.5721 of the Revised Code, but the person shall not	12438
be subject to division (A)(2) or (B) of this section as long as	12439
the person's certificate, license, or permit with the longest	12440
duration is valid.	12441

(2) If the certificates, licenses, or permits are of the same	12442
duration but do not expire in the same year, the person shall	12443
designate one of the certificates, licenses, or permits as the	12444
person's primary certificate, license, or permit and shall notify	12445
the department of that designation. The person shall be subject to	12446
divisions (A)(2) and (B) of this section only when applying for	12447
renewal of the person's primary certificate, license, or permit.	12448
Prior to renewing any certificate, license, or permit that is not	12449
the person's primary certificate, license, or permit, the state	12450
board or the superintendent of public instruction shall determine	12451
whether the department has received any information about the	12452
person pursuant to section 109.5721 of the Revised Code, but the	12453
person shall not be subject to division (A)(2) or (B) of this	12454
section as long as the person's primary certificate, license, or	12455
permit is valid.	12456

(3) If the certificates, licenses, or permits are of the same	12457
duration and expire in the same year and the person applies for	12458
renewal of the certificates, licenses, or permits at the same	12459
time, the state board or the superintendent of public instruction	12460
shall request only one criminal records check of the person under	12461
division (B) of this section.	12462

Sec. 3323.30. ~~The Ohio center for autism and low incidence~~	12463
~~is hereby established within the department of education's office~~	12464
~~for exceptional children, or any successor of that office. The~~	12465
~~center shall administer programs and coordinate services for~~	12466
~~infants, preschool and school-age children, and adults with autism~~	12467
~~and low incidence disabilities. The center's principal focus shall~~	12468
~~be programs and services for persons with autism. The center shall~~	12469
~~be under the direction of an executive director, appointed by the~~	12470
~~superintendent of public instruction in consultation with the~~	12471
~~advisory board established under section 3323.31 of the Revised~~	12472
~~Code. The department shall use state and federal funds~~	12473
~~appropriated to the department for operation of the center.~~	12474

As used in ~~this section and in~~ sections 3323.31 to ~~3323.33~~	12475
3323.35 of the Revised Code, "autism and low incidence	12476
disabilities" includes any of the following:	12477

(A) Autism;

12478

(B) Hearing impairment;

12479

12480

(D) Orthopedic disability;

12481

(E) Other health impairment;

12482

(F) Traumatic brain injury;

12483

(G) Visual impairment.

12484

Sec. 3323.31. The Franklin county educational service center	12485
shall establish the Ohio Center for Autism and Low Incidence. The	12486
Center shall administer programs and coordinate services for	12487
infants, preschool and school-age children, and adults with autism	12488
and low incidence disabilities. The Center's principal focus shall	12489
be programs and services for persons with autism. The Center shall	12490
be under the direction of an executive director, appointed by the	12491
superintendent of the service center in consultation with the	12492
advisory board established under section 3323.33 of the Revised	12493
Code.	12494

In addition to its other duties, the Ohio Center for Autism	12495
and Low Incidence shall participate as a member of an interagency	12496
workgroup on autism, as it is established by the department of	12497
mental retardation and developmental disabilities and shall	12498
provide technical assistance and support to the department in the	12499
department's leadership role to develop and implement the	12500
initiatives identified by the workgroup.	12501

Sec. 3323.32. (A) The department of education shall contract	12502
with an entity to administer programs and coordinate services for	12503
infants, preschool and school-age children, and adults with	12504
autism and low incidence disabilities. The entity shall be	12505
selected by the superintendent of public instruction in	12506
consultation with the advisory board established under section	12507
3323.33 of the Revised Code.	12508

The contract with the entity selected shall include, but not	12509
be limited to, the following provisions:	12510

(1) A description of the programs to be administered and	12511
services to be provided or coordinated by the entity, which shall	12512
include at least the duties prescribed by sections 3323.34 and	12513
3323.35 of the Revised Code;	12514

(2) A description of the expected outcomes from the programs	12515
administered and services provided or coordinated by the entity;	12516

(3) A stipulation that the entity's performance is subject to	12517
evaluation by the department and renewal of the entity's contract	12518
is subject to the department's satisfaction with the entity's	12519
performance;	12520

(4) A description of the measures and milestones the	12521
department will use to determine whether the performance of the	12522
entity is satisfactory;	12523

(5) Any other provision the department determines is	12524
necessary to ensure the quality of services to individuals with	12525
autism and low incidence disabilities.	12526

(B) In selecting the entity under division (A) of this	12527
section, the superintendent and the advisory board shall give	12528
primary consideration to the Ohio Center for Autism and Low	12529
Incidence, established under section 3323.31 of the Revised Code,	12530
as long as the principal goals and mission of the Center, as	12531
determined by the superintendent and the advisory board, are	12532
consistent with the requirements of divisions (A)(1) to (5) of	12533
this section.	12534

~~Sec. 3323.31.~~ Sec. 3323.33. The superintendent of public	12535
instruction shall establish an advisory board to assist and	12536
advise the ~~department of education~~Franklin county educational	12537
service center in the operation of the Ohio ~~center for autism and~~	12538
~~low incidence~~Center for Autism and Low Incidence and the	12539
superintendent of public instruction in selecting an entity to	12540
administer programs and coordinate services for individuals with	12541
autism and low incidence disabilities as required by section	12542
3323.32 of the Revised Code and to provide technical assistance	12543
in the provision of such services. As determined by the	12544
superintendent, the advisory board shall consist of individuals	12545
who are stakeholders in the service to persons with autism and	12546
low incidence disabilities, including, but not limited to, the	12547
following:	12548

(A) Persons with autism and low incidence disabilities;

12549

(B) Parents and family members;

12550

12551

(D) Higher education instructors;

12552

(E) Representatives of state agencies.

12553

The advisory board shall be organized as determined by the	12554
superintendent.	12555

Members of the advisory board shall receive no compensation	12556
for their services.	12557

~~Sec. 3323.32.~~ Sec. 3323.34. The ~~Ohio center for autism and low~~	12558
~~incidence~~entity selected under section 3323.32 of the Revised	12559
Code shall do all of the following:	12560

(A) Collaborate and consult with state agencies that serve	12561
persons with autism and low incidence disabilities;	12562

(B) Collaborate and consult with institutions of higher	12563
education in development and implementation of courses for	12564
educators and other professionals serving persons with autism and	12565
low incidence disabilities;	12566

12567

(D) Create and implement programs for professional	12568
development, technical assistance, intervention services, and	12569
research in the treatment of persons with autism and low incidence	12570
disabilities;	12571

(E) Create a regional network for communication and	12572
dissemination of information among educators and professionals	12573
serving persons with autism and low incidence disabilities. The	12574
regional network shall address educational services, evaluation,	12575
diagnosis, assistive technology, family support, leisure and	12576
recreational activities, transition, employment and adult	12577
services, and medical care for persons with autism and low	12578
incidence disabilities.	12579

(F) Develop a statewide clearinghouse for information about	12580
autism spectrum disorders and low incidence disabilities, as	12581
described in section ~~3323.33~~3323.35 of the Revised Code.	12582

~~Sec. 3323.33.~~ Sec. 3323.35. In developing a clearinghouse for	12583
information about autism spectrum disorders and low incidence	12584
disabilities, as required under section ~~3323.32~~3323.34 of the	12585
Revised Code, the ~~Ohio center for autism and low incidence~~entity	12586
selected under section 3323.32 of the Revised Code shall do all	12587
of the following:	12588

(A) Maintain a collection of resources for public	12589
distribution;	12590

(B) Monitor information on resources, trends, policies,	12591
services, and current educational interventions;	12592

(C) Respond to requests for information from parents and	12593
educators of children with autism and low incidence disabilities.	12594

Sec. 3326.45. (A) The governing body of a science,	12595
technology, engineering, and mathematics school may contract with	12596
the governing board of an educational service center or the board	12597
of education of a joint vocational school district for the	12598
provision of services to the STEM school or to any student	12599
enrolled in the school. Services provided under the contract and	12600
the amount to be paid for those services shall be mutually agreed	12601
to by the parties to the contract, and shall be specified in the	12602
contract.	12603

(B) A contract entered into under this section may require an	12604
educational service center to provide any one or a combination of	12605
the following services to a STEM school:	12606

(1) Supervisory teachers;

12607

(2) In-service and continuing education programs for	12608
personnel of the STEM school;	12609

(3) Curriculum services as provided to the local school	12610
districts under the supervision of the service center;	12611

(4) Research and development programs;

12612

(5) Academic instruction for which the service center	12613
governing board employs teachers;	12614

(6) Assistance in the provision of special accommodations and	12615
classes for students with disabilities.	12616

Services described in division (B) of this section shall be	12617
provided to the STEM school in the same manner they are provided	12618
to local school districts under the service center's supervision,	12619
unless otherwise specified in the contract. The contract shall	12620
specify whether the service center will receive a per-pupil	12621
payment from the department of education for the provision of	12622
these services and, if so, the amount of the per-pupil payment,	12623
which shall not exceed the per-pupil amount paid to the service	12624
center under division (F) of section 3317.11 of the Revised Code	12625
for each student in the service center ADM.	12626

(C) For each contract entered into under this section, the	12627
department shall deduct the amount owed by the STEM school from	12628
the state funds due to the STEM school under this chapter and	12629
shall pay that amount to the educational service center or joint	12630
vocational school district that is party to the contract. In the	12631
case of a contract with an educational service center that	12632
specifies per-pupil payments for the provision of services	12633
described in division (B) of this section, the department also	12634
shall pay the service center the amount calculated under division	12635
(H) of section 3317.11 of the Revised Code.	12636

(D) No contract entered into under this section shall be	12637
valid unless a copy is filed with the department by the first day	12638
of the school year for which the contract is in effect.	12639

Sec. 3326.51. (A) As used in this section:

12640

(1) "Resident district" has the same meaning as in section	12641
3326.31 of the Revised Code.	12642

(2) "STEM school sponsoring district" means a municipal,	12643
city, local, exempted village, or joint vocational school district	12644
that governs and controls a STEM school pursuant to this section.	12645

(B) Notwithstanding any other provision of this chapter to	12646
the contrary:	12647

(1) If a proposal for a STEM school submitted under section	12648
3326.03 of the Revised Code proposes that the governing body of	12649
the school be the board of education of a municipal, city, local,	12650
exempted village, or joint vocational school district that is one	12651
of the partners submitting the proposal, and the partnership for	12652
continued learning approves that proposal, that school district	12653
board shall govern and control the STEM school as one of the	12654
schools of its district.	12655

(2) The STEM school sponsoring district shall maintain a	12656
separate accounting for the STEM school as a separate and distinct	12657
operational unit within the district's finances. The auditor of	12658
state, as part of the district's regular audits, shall certify	12659
whether funds received by the district for the STEM school were	12660
appropriately expended for the STEM school.	12661

(3) With respect to students enrolled in a STEM school whose	12662
resident district is the STEM school sponsoring district:	12663

(a) The department of education shall make no deductions	12664
under section 3326.33 of the Revised Code from the STEM school	12665
sponsoring district's state payments.	12666

(b) The STEM school sponsoring district shall ensure that it	12667
allocates to the STEM school funds equal to or exceeding the	12668
amount that would be calculated pursuant to division (B) of	12669
section 3313.981 of the Revised Code for the students attending	12670
the school whose resident district is the STEM school sponsoring	12671
district.	12672

(c) The STEM school district is responsible for providing	12673
children with disabilities with a free appropriate public	12674
education under Chapter 3323. of the Revised Code.	12675

(d) The STEM school sponsoring district shall provide student	12676
transportation in accordance with laws and policies generally	12677
applicable to the district.	12678

(3) With respect to students enrolled in the STEM school	12679
whose resident district is another school district, the department	12680
shall make no payments or deductions under sections 3326.31 to	12681
3326.49 of the Revised Code. Instead, the students shall be	12682
considered as open enrollment students and the department shall	12683
make payments and deductions in accordance with section 3313.981	12684
of the Revised Code. The STEM school sponsoring district shall	12685
allocate the payments to the STEM school. The STEM school district	12686
may enter into financial agreements with the students' resident	12687
districts, which agreements may provide financial support in	12688
addition to the funds received from the open enrollment	12689
calculation. The STEM school sponsoring district shall allocate	12690
all such additional funds to the STEM school.	12691

(4) Where the department is required to make, deny, reduce,	12692
or adjust payments to a STEM school sponsoring district pursuant	12693
to this section, it shall do so in such a manner that the STEM	12694
school sponsoring district may allocate that action to the STEM	12695
school.	12696

(5) A STEM school sponsoring district and its board may	12697
assign its district employees to the STEM school, in which case	12698
section 3326.18 of the Revised Code shall not apply. The district	12699
and board may apply any other resources of the district to the	12700
STEM school in the same manner that it applies district resources	12701
to other district schools.	12702

(6) Provisions of this chapter requiring a STEM school and	12703
its governing body to comply with specified laws as if it were a	12704
school district and in the same manner as a board of education	12705
shall instead require such compliance by the STEM school	12706
sponsoring district and its board of education, respectively, with	12707
respect to the STEM school. Where a STEM school or its governing	12708
body is required to perform a specific duty or permitted to take a	12709
specific action under this chapter, that duty is required to be	12710
performed or that action is permitted to be taken by the STEM	12711
school sponsoring district or its board of education,	12712
respectively, with respect to the STEM school.	12713

(7) No provision of this chapter limits the authority, as	12714
provided otherwise by law, of a school district and its board of	12715
education to levy taxes and issue bonds secured by tax revenues.	12716

(8) The treasurer of the STEM school sponsoring district or,	12717
if the STEM school sponsoring district is a municipal school	12718
district, the chief financial officer of the district, shall have	12719
all of the respective rights, authority, exemptions, and duties	12720
otherwise conferred upon the treasurer or chief financial officer	12721
by the Revised Code.	12722

Sec. 3333.04. The chancellor of the Ohio board of regents	12723
shall:	12724

(A) Make studies of state policy in the field of higher	12725
education and formulate a master plan for higher education for the	12726
state, considering the needs of the people, the needs of the	12727
state, and the role of individual public and private institutions	12728
within the state in fulfilling these needs;	12729

(B)(1) Report annually to the governor and the general	12730
assembly on the findings from the chancellor's studies and the	12731
master plan for higher education for the state;	12732

(2) Report at least semiannually to the general assembly and	12733
the governor the enrollment numbers at each state-assisted	12734
institution of higher education.	12735

(C) Approve or disapprove the establishment of new branches	12736
or academic centers of state colleges and universities;	12737

(D) Approve or disapprove the establishment of state	12738
technical colleges or any other state institution of higher	12739
education;	12740

(E) Recommend the nature of the programs, undergraduate,	12741
graduate, professional, state-financed research, and public	12742
services which should be offered by the state colleges,	12743
universities, and other state-assisted institutions of higher	12744
education in order to utilize to the best advantage their	12745
facilities and personnel;	12746

(F) Recommend to the state colleges, universities, and other	12747
state-assisted institutions of higher education graduate or	12748
professional programs, including, but not limited to, doctor of	12749
philosophy, doctor of education, and juris doctor programs, that	12750
could be eliminated because they constitute unnecessary	12751
duplication, as shall be determined using the process developed	12752
pursuant to this division, or for other good and sufficient cause.	12753
Prior to recommending a program for elimination, the chancellor	12754
shall request the board of regents to hold at least one public	12755
hearing on the matter and advise the chancellor on whether the	12756
program should be recommended for elimination. The board shall	12757
provide notice of each hearing within a reasonable amount of time	12758
prior to its scheduled date. Following the hearing, the board	12759
shall issue a recommendation to the chancellor. The chancellor	12760
shall consider the board's recommendation but shall not be	12761
required to accept it.	12762

For purposes of determining the amounts of any state	12763
instructional subsidies paid to state colleges, universities, and	12764
other state-assisted institutions of higher education, the	12765
chancellor may exclude students enrolled in any program that the	12766
chancellor has recommended for elimination pursuant to this	12767
division except that the chancellor shall not exclude any such	12768
student who enrolled in the program prior to the date on which the	12769
chancellor initially commences to exclude students under this	12770
division.	12771

The chancellor and state colleges, universities, and other	12772
state-assisted institutions of higher education shall jointly	12773
develop a process for determining which existing graduate or	12774
professional programs constitute unnecessary duplication.	12775

(G) Recommend to the state colleges, universities, and other	12776
state-assisted institutions of higher education programs which	12777
should be added to their present programs;	12778

(H) Conduct studies for the state colleges, universities, and	12779
other state-assisted institutions of higher education to assist	12780
them in making the best and most efficient use of their existing	12781
facilities and personnel;	12782

(I) Make recommendations to the governor and general assembly	12783
concerning the development of state-financed capital plans for	12784
higher education; the establishment of new state colleges,	12785
universities, and other state-assisted institutions of higher	12786
education; and the establishment of new programs at the existing	12787
state colleges, universities, and other institutions of higher	12788
education;	12789

(J) Review the appropriation requests of the public community	12790
colleges and the state colleges and universities and submit to the	12791
office of budget and management and to the chairpersons of the	12792
finance committees of the house of representatives and of the	12793
senate the chancellor's recommendations in regard to the biennial	12794
higher education appropriation for the state, including	12795
appropriations for the individual state colleges and universities	12796
and public community colleges. For the purpose of determining the	12797
amounts of instructional subsidies to be paid to state-assisted	12798
colleges and universities, the chancellor shall define "full-time	12799
equivalent student" by program per academic year. The definition	12800
may take into account the establishment of minimum enrollment	12801
levels in technical education programs below which support	12802
allowances will not be paid. Except as otherwise provided in this	12803
section, the chancellor shall make no change in the definition of	12804
"full-time equivalent student" in effect on November 15, 1981,	12805
which would increase or decrease the number of subsidy-eligible	12806
full-time equivalent students, without first submitting a fiscal	12807
impact statement to the president of the senate, the speaker of	12808
the house of representatives, the legislative service commission,	12809
and the director of budget and management. The chancellor shall	12810
work in close cooperation with the director of budget and	12811
management in this respect and in all other matters concerning the	12812
expenditures of appropriated funds by state colleges,	12813
universities, and other institutions of higher education.	12814

(K) Seek the cooperation and advice of the officers and	12815
trustees of both public and private colleges, universities, and	12816
other institutions of higher education in the state in performing	12817
the chancellor's duties and making the chancellor's plans,	12818
studies, and recommendations;	12819

(L) Appoint advisory committees consisting of persons	12820
associated with public or private secondary schools, members of	12821
the state board of education, or personnel of the state department	12822
of education;	12823

(M) Appoint advisory committees consisting of college and	12824
university personnel, or other persons knowledgeable in the field	12825
of higher education, or both, in order to obtain their advice and	12826
assistance in defining and suggesting solutions for the problems	12827
and needs of higher education in this state;	12828

(N) Approve or disapprove all new degrees and new degree	12829
programs at all state colleges, universities, and other	12830
state-assisted institutions of higher education;	12831

(O) Adopt such rules as are necessary to carry out the	12832
chancellor's duties and responsibilities. The rules shall	12833
prescribe procedures for the chancellor to follow when taking	12834
actions associated with the chancellor's duties and	12835
responsibilities and shall indicate which types of actions are	12836
subject to those procedures. The procedures adopted under this	12837
division shall be in addition to any other procedures prescribed	12838
by law for such actions. However, if any other provision of the	12839
Revised Code or rule adopted by the chancellor prescribes	12840
different procedures for such an action, the procedures adopted	12841
under this division shall not apply to that action to the extent	12842
they conflict with the procedures otherwise prescribed by law. The	12843
procedures adopted under this division shall include at least the	12844
following:	12845

(1) Provision for public notice of the proposed action;

12846

(2) An opportunity for public comment on the proposed action,	12847
which may include a public hearing on the action by the board of	12848
regents;	12849

(3) Methods for parties that may be affected by the proposed	12850
action to submit comments during the public comment period;	12851

(4) Submission of recommendations from the board of regents	12852
regarding the proposed action, at the request of the chancellor;	12853

(5) Written publication of the final action taken by the	12854
chancellor and the chancellor's rationale for the action;	12855

(6) A timeline for the process described in divisions (O)(1)	12856
to (5) of this section.	12857

(P) Establish and submit to the governor and the general	12858
assembly a clear and measurable set of goals and timetables for	12859
their achievement for each program under the chancellor's	12860
supervision that is designed to accomplish any of the following:	12861

(1) Increased access to higher education;

12862

(2) Job training;

12863

(3) Adult literacy;

12864

(4) Research;

12865

(5) Excellence in higher education;

12866

(6) Reduction in the number of graduate programs within the	12867
same subject area.	12868

In July of each odd-numbered year, the chancellor shall	12869
submit to the governor and the general assembly a report on	12870
progress made toward these goals.	12871

(Q) Make recommendations to the governor and the general	12872
assembly regarding the design and funding of the student financial	12873
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	12874
3333.27, and 5910.02 of the Revised Code;	12875

(R) Participate in education-related state or federal	12876
programs on behalf of the state and assume responsibility for the	12877
administration of such programs in accordance with applicable	12878
state or federal law;	12879

(S) Adopt rules for student financial aid programs as	12880
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	12881
3333.28, and 5910.02 of the Revised Code, and perform any other	12882
administrative functions assigned to the chancellor by those	12883
sections;	12884

(T) ~~Administer contracts under sections 3702.74 and 3702.75~~	12885
~~of the Revised Code in accordance with rules adopted by the~~	12886
~~director of health under section 3702.79 of the Revised Code;~~	12887

~~(U)~~ Conduct enrollment audits of state-supported institutions	12888
of higher education;	12889

~~(V)~~(U) Appoint ~~consortiums~~consortia of college and	12890
university personnel to advise or participate in the development	12891
and operation of statewide collaborative efforts, including the	12892
Ohio supercomputer center, the Ohio academic resources network,	12893
OhioLink, and the Ohio learning network. For each consortium, the	12894
chancellor shall designate a college or university to serve as	12895
that consortium's fiscal agent, financial officer, and employer.	12896
Any funds appropriated for the ~~consortiums~~consortia shall be	12897
distributed to the fiscal agents for the operation of the	12898
~~consortiums~~consortia. A consortium shall follow the rules of the	12899
college or university that serves as its fiscal agent. The	12900
chancellor may restructure existing consortia, appointed under	12901
this division, in accordance with procedures adopted under	12902
divisions (D)(1) to (6) of this section.	12903

~~(W)~~(V) Adopt rules establishing advisory duties and	12904
responsibilities of the board of regents not otherwise prescribed	12905
by law;	12906

~~(X)~~(W) Respond to requests for information about higher	12907
education from members of the general assembly and direct staff to	12908
conduct research or analysis as needed for this purpose.	12909

Sec. 3333.044. (A) The chancellor of the Ohio board of	12910
regents may contract with any consultants that are necessary for	12911
the discharge of the chancellor's duties under this chapter.	12912

(B) The chancellor may purchase, upon the terms that the	12913
chancellor determines to be advisable, one or more policies of	12914
insurance from insurers authorized to do business in this state	12915
that insure consultants who have contracted with the chancellor	12916
under division (A) of this section or members of an advisory	12917
committee appointed under section 3333.04 of the Revised Code,	12918
with respect to the activities of the consultants or advisory	12919
committee members in the course of the performance of their	12920
responsibilities as consultants or advisory committee members.	12921

(C) Subject to the approval of the controlling board, the	12922
chancellor may contract with any entities for the discharge of the	12923
chancellor's duties and responsibilities under any of the programs	12924
established pursuant to sections 3333.12, 3333.122, 3333.21 to	12925
3333.28, ~~3702.71 to 3702.81,~~ and 5120.55, and Chapter 5910. of the	12926
Revised Code. The chancellor shall not enter into a contract under	12927
this division unless the proposed contractor demonstrates that its	12928
primary purpose is to promote access to higher education by	12929
providing student financial assistance through loans, grants, or	12930
scholarships, and by providing high quality support services and	12931
information to students and their families with regard to such	12932
financial assistance.	12933

Chapter 125. of the Revised Code does not apply to contracts	12934
entered into pursuant to this section. In awarding contracts under	12935
this division, the chancellor shall consider factors such as the	12936
cost of the administration of the contract, the experience of the	12937
contractor, and the contractor's ability to properly execute the	12938
contract.	12939

Sec. 3333.045. As used in this section, "state university or	12940
college" means any state university listed in section 3345.011 of	12941
the Revised Code, the northeastern Ohio universities college of	12942
medicine, any community college under Chapter 3354. of the	12943
Revised Code, any university branch district under Chapter 3355.	12944
of the Revised Code, any technical college under Chapter 3357. of	12945
the Revised Code, and any state community college under Chapter	12946
3358. of the Revised Code.	12947

The chancellor of the Ohio board of regents shall work with	12948
the attorney general, the auditor of state, and the Ohio ethics	12949
commission to develop a model for training members of the boards	12950
of trustees of all state universities and colleges and members of	12951
the board of regents regarding the authority and responsibilities	12952
of a board of trustees or the board of regents. This model shall	12953
include a review of fiduciary responsibilities, ethics, and fiscal	12954
management. Use of this model by members of boards of trustees and	12955
the board of regents shall be voluntary.	12956

~~This section does not apply to the three members of the board~~	12957
~~of trustees of the northeastern Ohio universities college of~~	12958
~~medicine who are presidents of state universities.~~	12959

Sec. 3333.122. (A) As used in this section:

12960

(1) "Eligible student" means a student who is:

12961

(a) An Ohio resident who first enrolls in an undergraduate	12962
program in the 2006-2007 academic year or thereafter;	12963

(b) If the student first enrolled in an undergraduate	12964
program in the 2006-2007 or 2007-2008 academic year, the student	12965
is enrolled in ~~either~~one of the following:	12966

(i) An accredited institution of higher education in this	12967
state that meets the requirements of Title VI of the Civil Rights	12968
Act of 1964 and is state-assisted, is nonprofit and has a	12969
certificate of authorization pursuant to Chapter 1713. of the	12970
Revised Code, has a certificate of registration from the state	12971
board of career colleges and schools and program authorization to	12972
award an associate or bachelor's degree, or is a private	12973
institution exempt from regulation under Chapter 3332. of the	12974
Revised Code as prescribed in section 3333.046 of the Revised	12975
Code. Students who attend an institution that holds a certificate	12976
of registration shall be enrolled in a program leading to an	12977
associate or bachelor's degree for which associate or bachelor's	12978
degree program the institution has program authorization issued	12979
under section 3332.05 of the Revised Code.	12980

(ii) A technical education program of at least two years	12981
duration sponsored by a private institution of higher education in	12982
this state that meets the requirements of Title VI of the Civil	12983
Rights Act of 1964;	12984

(iii) A nursing diploma program approved by the board of	12985
nursing under division (A)(5) of section 4723.06 of the Revised	12986
Code and that meets the requirements of Title VI of the Civil	12987
Rights Act of 1964.	12988

(c) If the student first enrolled in an undergraduate program	12989
after the 2007-2008 academic year, the student is enrolled in	12990
~~either~~one of the following:	12991

(i) An accredited institution of higher education in this	12992
state that meets the requirements of Title VI of the Civil Rights	12993
Act of 1964 and is state-assisted, is nonprofit and has a	12994
certificate of authorization pursuant to Chapter 1713. of the	12995
Revised Code, or is a private institution exempt from regulation	12996
under Chapter 3332. of the Revised Code as prescribed in section	12997
3333.046 of the Revised Code;	12998

(ii) An education program of at least two years duration	12999
sponsored by a private institution of higher education in this	13000
state that meets the requirements of Title VI of the Civil Rights	13001
Act of 1964 and has a certificate of authorization pursuant to	13002
Chapter 1713. of the Revised Code;	13003

(iii) A nursing diploma program approved by the board of	13004
nursing under division (A)(5) of section 4723.06 of the Revised	13005
Code and that meets the requirements of Title VI of the Civil	13006
Rights Act of 1964.	13007

(2) A student who participated in either the early college	13008
high school program administered by the department of education or	13009
in the post-secondary enrollment options program pursuant to	13010
Chapter 3365. of the Revised Code before the 2006-2007 academic	13011
year shall not be excluded from eligibility for a needs-based	13012
financial aid grant under this section.	13013

(3) "Resident," "expected family contribution" or "EFC,"	13014
"full-time student," "three-quarters-time student," "half-time	13015
student," "one-quarter-time student," and "accredited" shall be	13016
defined by rules adopted by the chancellor of the Ohio board of	13017
regents.	13018

(B) The chancellor shall establish and administer a	13019
needs-based financial aid program based on the United States	13020
department of education's method of determining financial need and	13021
may adopt rules to carry out this section. The program shall be	13022
known as the Ohio college opportunity grant program. The general	13023
assembly shall support the needs-based financial aid program by	13024
such sums and in such manner as it may provide, but the chancellor	13025
may also receive funds from other sources to support the program.	13026
If the amounts available for support of the program are inadequate	13027
to provide grants to all eligible students, preference in the	13028
payment of grants shall be given in terms of expected family	13029
contribution, beginning with the lowest expected family	13030
contribution category and proceeding upward by category to the	13031
highest expected family contribution category.	13032

A needs-based financial aid grant shall be paid to an	13033
eligible student through the institution in which the student is	13034
enrolled, except that no needs-based financial aid grant shall be	13035
paid to any person serving a term of imprisonment. Applications	13036
for such grants shall be made as prescribed by the chancellor, and	13037
such applications may be made in conjunction with and upon the	13038
basis of information provided in conjunction with student	13039
assistance programs funded by agencies of the United States	13040
government or from financial resources of the institution of	13041
higher education. The institution shall certify that the student	13042
applicant meets the requirements set forth in divisions (A)(1)(a)	13043
and (b) of this section. Needs-based financial aid grants shall be	13044
provided to an eligible student only as long as the student is	13045
making appropriate progress toward a nursing diploma or an	13046
associate or bachelor's degree. No student shall be eligible to	13047
receive a grant for more than ten semesters, fifteen quarters, or	13048
the equivalent of five academic years. A grant made to an eligible	13049
student on the basis of less than full-time enrollment shall be	13050
based on the number of credit hours for which the student is	13051
enrolled and shall be computed in accordance with a formula	13052
adopted by the chancellor. No student shall receive more than one	13053
grant on the basis of less than full-time enrollment.	13054

A needs-based financial aid grant shall not exceed the total	13055
instructional and general charges of the institution.	13056

(C) The tables in this division prescribe the maximum grant	13057
amounts covering two semesters, three quarters, or a comparable	13058
portion of one academic year. Grant amounts for additional terms	13059
in the same academic year shall be determined under division (D)	13060
of this section.	13061

As used in the tables in division (C) of this section:

13062

(1) "Private institution" means an institution that is	13063
nonprofit and has a certificate of authorization pursuant to	13064
Chapter 1713. of the Revised Code.	13065

(2) "Career college" means either an institution that holds a	13066
certificate of registration from the state board of career	13067
colleges and schools or a private institution exempt from	13068
regulation under Chapter 3332. of the Revised Code as prescribed	13069
in section 3333.046 of the Revised Code.	13070

Full-time students shall be eligible to receive awards	13071
according to the following table:	13072

Full-Time Enrollment	13073

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:	13074
$2,101	$2,190	$300	$600	$480	13075
2,001	2,100	402	798	642	13076
1,901	2,000	498	1,002	798	13077
1,801	1,900	600	1,200	960	13078
1,701	1,800	702	1,398	1,122	13079
1,601	1,700	798	1,602	1,278	13080
1,501	1,600	900	1,800	1,440	13081
1,401	1,500	1,002	1,998	1,602	13082
1,301	1,400	1,098	2,202	1,758	13083
1,201	1,300	1,200	2,400	1,920	13084
1,101	1,200	1,302	2,598	2,082	13085
1,001	1,100	1,398	2,802	2,238	13086
901	1,000	1,500	3,000	2,400	13087
801	900	1,602	3,198	2,562	13088
701	800	1,698	3,402	2,718	13089
601	700	1,800	3,600	2,280	13090
501	600	1,902	3,798	3,042	13091
401	500	1,998	4,002	3,198	13092
301	400	2,100	4,200	3,360	13093
201	300	2,202	4,398	3,522	13094
101	200	2,298	4,602	3,678	13095
1	100	2,400	4,800	3,840	13096
0	0	2,496	4,992	3,996	13097

Three-quarters-time students shall be eligible to receive	13098
awards according to the following table:	13099

Three-Quarters-Time Enrollment	13100

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:	13101
$2,101	$2,190	$228	$450	$360	13102
2,001	2,100	300	600	480	13103
1,901	2,000	372	750	600	13104
1,801	1,900	450	900	720	13105
1,701	1,800	528	1,050	840	13106
1,601	1,700	600	1,200	960	13107
1,501	1,600	678	1,350	1,080	13108
1,401	1,500	750	1,500	1,200	13109
1,301	1,400	822	1,650	1,320	13110
1,201	1,300	900	1,800	1,440	13111
1,101	1,200	978	1,950	1,560	13112
1,001	1,100	1,050	2,100	1,680	13113
901	1,000	1,128	2,250	1,800	13114
801	900	1,200	2,400	1,920	13115
701	800	1,272	2,550	2,040	13116
601	700	1,350	2,700	2,160	13117
501	600	1,428	2,850	2,280	13118
401	500	1,500	3,000	2,400	13119
301	400	1,578	3,150	2,520	13120
201	300	1,650	3,300	2,640	13121
101	200	1,722	3,450	2,760	13122
1	100	1,800	3,600	2,880	13123
0	0	1,872	3,744	3,000	13124

Half-time students shall be eligible to receive awards	13125
according to the following table:	13126

Half-Time Enrollment	13127

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:	13128
$2,101	$2,190	$150	$300	$240	13129
2,001	2,100	204	402	324	13130
1,901	2,000	252	504	402	13131
1,801	1,900	300	600	480	13132
1,701	1,800	354	702	564	13133
1,601	1,700	402	804	642	13134
1,501	1,600	450	900	720	13135
1,401	1,500	504	1,002	804	13136
1,301	1,400	552	1,104	882	13137
1,201	1,300	600	1,200	960	13138
1,101	1,200	654	1,302	1,044	13139
1,001	1,100	702	1,404	1,122	13140
901	1,000	750	1,500	1,200	13141
801	900	804	1,602	1,284	13142
701	800	852	1,704	1,362	13143
601	700	900	1,800	1,440	13144
501	600	954	1,902	1,524	13145
401	500	1,002	2,004	1,602	13146
301	400	1,050	2,100	1,680	13147
201	300	1,104	2,202	1,764	13148
101	200	1,152	2,304	1,842	13149
1	100	1,200	2,400	1,920	13150
0	0	1,248	2,496	1,998	13151

One-quarter-time students shall be eligible to receive awards	13152
according to the following table:	13153

One-Quarter-Time Enrollment	13154

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:	13155
$2,101	$2,190	$78	$150	$120	13156
2,001	2,100	102	198	162	13157
1,901	2,000	126	252	198	13158
1,801	1,900	150	300	240	13159
1,701	1,800	174	348	282	13160
1,601	1,700	198	402	318	13161
1,501	1,600	228	450	360	13162
1,401	1,500	252	498	402	13163
1,301	1,400	276	552	438	13164
1,201	1,300	300	600	480	13165
1,101	1,200	324	648	522	13166
1,001	1,100	348	702	558	13167
901	1,000	378	750	600	13168
801	900	402	798	642	13169
701	800	426	852	678	13170
601	700	450	900	720	13171
501	600	474	948	762	13172
401	500	498	1,002	798	13173
301	400	528	1,050	840	13174
201	300	552	1,098	882	13175
101	200	576	1,152	918	13176
1	100	600	1,200	960	13177
0	0	624	1,248	1,002	13178

(D) For a full-time student enrolled in an eligible	13179
institution for a semester or quarter in addition to the portion	13180
of the academic year covered by a grant determined under division	13181
(C) of this section, the maximum grant amount shall be a	13182
percentage of the maximum prescribed in the applicable table of	13183
that division. The maximum grant for a fourth quarter shall be	13184
one-third of the maximum amount prescribed under that division.	13185
The maximum grant for a third semester shall be one-half of the	13186
maximum amount prescribed under that division.	13187

(E) No grant shall be made to any student in a course of	13188
study in theology, religion, or other field of preparation for a	13189
religious profession unless such course of study leads to an	13190
accredited bachelor of arts, bachelor of science, associate of	13191
arts, or associate of science degree.	13192

(F)(1) Except as provided in division (F)(2) of this section,	13193
no grant shall be made to any student for enrollment during a	13194
fiscal year in an institution with a cohort default rate	13195
determined by the United States secretary of education pursuant to	13196
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	13197
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	13198
preceding the fiscal year, equal to or greater than thirty per	13199
cent for each of the preceding two fiscal years.	13200

(2) Division (F)(1) of this section does not apply to the	13201
following:	13202

(a) Any student enrolled in an institution that under the	13203
federal law appeals its loss of eligibility for federal financial	13204
aid and the United States secretary of education determines its	13205
cohort default rate after recalculation is lower than the rate	13206
specified in division (F)(1) of this section or the secretary	13207
determines due to mitigating circumstances the institution may	13208
continue to participate in federal financial aid programs. The	13209
chancellor shall adopt rules requiring institutions to provide	13210
information regarding an appeal to the chancellor.	13211

(b) Any student who has previously received a grant under	13212
this section who meets all other requirements of this section.	13213

(3) The chancellor shall adopt rules for the notification of	13214
all institutions whose students will be ineligible to participate	13215
in the grant program pursuant to division (F)(1) of this section.	13216

(4) A student's attendance at an institution whose students	13217
lose eligibility for grants under division (F)(1) of this section	13218
shall not affect that student's eligibility to receive a grant	13219
when enrolled in another institution.	13220

(G) Institutions of higher education that enroll students	13221
receiving needs-based financial aid grants under this section	13222
shall report to the chancellor all students who have received	13223
needs-based financial aid grants but are no longer eligible for	13224
all or part of such grants and shall refund any moneys due the	13225
state within thirty days after the beginning of the quarter or	13226
term immediately following the quarter or term in which the	13227
student was no longer eligible to receive all or part of the	13228
student's grant. There shall be an interest charge of one per cent	13229
per month on all moneys due and payable after such thirty-day	13230
period. The chancellor shall immediately notify the office of	13231
budget and management and the legislative service commission of	13232
all refunds so received.	13233

Sec. 3333.58. There is hereby created at Shawnee state	13234
university the Ohio Appalachian center for higher education to	13235
increase the educational attainment of the residents of Ohio's	13236
Appalachian region, as defined in section 107.21 of the Revised	13237
Code. The board of directors of the center shall consist of the	13238
following members:	13239

(A) The presidents of all of the following:

13240

(1) Shawnee state university;

13241

(2) Belmont technical college;

13242

(3) Hocking college;

13243

(4) Jefferson community college;

13244

(5) Zane state college;

13245

(6) Rio Grande community college;

13246

(7) Southern state community college;

13247

(8) Central Ohio technical college, Coshocton campus;

13248

(9) Washington state community college.

13249

(B) The president of Ohio university, or the president's	13250
designee;	13251

(C) The dean of one of the Salem, Tuscarawas, or East	13252
Liverpool regional campuses of Kent state university, as	13253
designated by the president of Kent state university;	13254

(D) A representative of the chancellor of the Ohio board of	13255
regents as designated by the chancellor.	13256

~~Sec. 3353.20.~~ Sec. 3333.81. As used in sections ~~3353.20~~3333.81	13257
to ~~3353.30~~3333.88 of the Revised Code:	13258

(A) "Clearinghouse" means the clearinghouse established under	13259
section ~~3353.21~~3333.82 of the Revised Code.	13260

(B) ~~"Data verification code" means the code assigned to a~~	13261
~~student under division (D)(2) of section 3301.0714 of the Revised~~	13262
~~Code.~~	13263

~~(C) "One-half unit" of instruction has the same meaning as in~~	13264
~~section 3313.603 of the Revised Code.~~	13265

~~(D)~~"Community school" means a community school established	13266
under Chapter 3314. of the Revised Code.	13267

(C) "Common statewide platform" means a software program that	13268
facilitates the delivery of courses via computers from multiple	13269
course providers to multiple end users, tracks the progress of the	13270
end user, and includes an integrated searchable database of	13271
standards-based course content.	13272

(D) "Course provider" means a school district, community	13273
school, STEM school, state institution of higher education,	13274
private college or university, or nonprofit or for-profit private	13275
entity that creates or is an agent of the creator of original	13276
course content for a course offered through the clearinghouse.	13277

(E) "Instructor" means an individual who holds a license	13278
issued by the state board of education, as defined in section	13279
3319.31 of the Revised Code, or an individual employed as an	13280
instructor or professor by a state institution of higher education	13281
or a private college or university.	13282

(F) "State institution of higher education" has the same	13283
meaning as in section 3345.011 of the Revised Code.	13284

(G) "STEM school" means a science, technology, engineering,	13285
and mathematics school established under Chapter 3326. of the	13286
Revised Code.	13287

(H) A "student's community school" means the community school	13288
~~established under Chapter 3314. of the Revised Code~~ in which the	13289
student is enrolled instead of being enrolled in a school operated	13290
by a school district.	13291

~~(E)~~(I) A "student's school district" means the school	13292
district operating the school in which the student is lawfully	13293
enrolled.	13294

(J) "A student's STEM school" means the STEM school in which	13295
the student is enrolled instead of being enrolled in a school	13296
operated by a school district.	13297

~~Sec. 3353.21.~~ Sec. 3333.82. (A) The ~~eTech Ohio commission~~	13298
chancellor of the Ohio board of regents shall establish a	13299
clearinghouse of interactive distance learning courses and other	13300
distance learning courses delivered via a computer-based method	13301
offered by school districts, community schools, STEM schools,	13302
state institutions of higher education, private colleges and	13303
universities, and other nonprofit and for-profit course providers	13304
for sharing with other school districts ~~and~~, community schools,	13305
STEM schools, state institutions of higher education, private	13306
colleges and universities, and individuals for the fee set	13307
pursuant to section ~~3353.24~~3333.84 of the Revised Code. The	13308
~~commission~~chancellor shall not be responsible for the content of	13309
courses offered through the clearinghouse; however, all such	13310
courses shall be delivered only in accordance with technical	13311
specifications approved by the ~~commission~~chancellor and on a	13312
common statewide platform administered by the chancellor.	13313

(B) To offer a course through the clearinghouse, a ~~school~~	13314
~~district~~course provider shall apply to the ~~commission~~chancellor	13315
in a form and manner prescribed by the ~~commission~~chancellor. The	13316
application for each course shall describe the course of study in	13317
as much detail as required by the ~~commission~~chancellor, whether	13318
an instructor is provided, the qualification and credentials of	13319
the ~~teacher~~instructor, the number of hours of instruction, ~~the~~	13320
~~technology required to deliver and receive the course, the~~	13321
~~technical capacity of the school district to deliver the course,~~	13322
~~the times that the school district plans to deliver the course,~~	13323
and any other information required by the ~~commission~~chancellor.	13324
The ~~commission~~chancellor may require ~~school districts~~course	13325
providers to include in their applications information	13326
recommended by the state board of education under former section	13327
3353.30 of the Revised Code.	13328

(C) The ~~commission~~chancellor shall review the technical	13329
specifications of each application submitted under division (B)	13330
of this section ~~and shall approve a course offered if the~~	13331
~~commission determines that the school district can satisfactorily~~	13332
~~deliver the course through the technology necessary for that~~	13333
~~delivery~~. In reviewing applications, the ~~commission~~chancellor	13334
may consult with the department of education; however, the	13335
responsibility to either approve or not approve a course for the	13336
clearinghouse belongs to the ~~commission~~chancellor. The	13337
~~commission~~chancellor may request additional information from a	13338
~~school district~~course provider that submits an application under	13339
division (B) of this section, if the ~~commission~~chancellor	13340
determines that such information is necessary. The ~~commission~~	13341
chancellor may negotiate changes in the proposal to offer a	13342
course, if the ~~commission~~chancellor determines that changes are	13343
necessary in order to approve the course.	13344

(D) The ~~commission~~chancellor shall catalog each course	13345
approved for the clearinghouse, through a print or electronic	13346
medium, displaying the following:	13347

(1) Information necessary for a student and the student's	13348
parent, guardian, or custodian and the student's school district	13349
or, community school, STEM school, college, or university to	13350
decide whether to enroll in or subscribe to the course;	13351

(2) Instructions for enrolling in that course, including	13352
deadlines for enrollment.	13353

(E) Any expenses related to the installation of a course into	13354
the common statewide platform shall be borne by the course	13355
provider.	13356

(F) The chancellor may contract with an entity to perform	13357
any or all of the chancellor's duties under sections 3333.81 to	13358
3333.88 of the Revised Code.	13359

~~Sec. 3353.22.~~ Sec. 3333.83. (A) A student who is enrolled in a	13360
school operated by a school district or in a community school or	13361
STEM school may enroll in a course ~~included in~~through the	13362
clearinghouse only if both of the following conditions are	13363
satisfied:	13364

(1) The student's enrollment in the course is approved by the	13365
student's school district ~~or the student's~~, community school, or	13366
STEM school.	13367

(2) The student's school district ~~or the student's~~,	13368
community school, or STEM school agrees to accept for credit the	13369
grade assigned by the ~~district that is delivering the~~ course	13370
provider, if that provider is another school district, community	13371
school, or STEM school.	13372

(B) For each student enrolled in a school operated by a	13373
school district or in a community school or STEM school who is	13374
enrolling in a course provided through the clearinghouse by	13375
another school district, community school, or STEM school, the	13376
student's school district ~~or the student's~~, community school, or	13377
STEM school shall transmit ~~the student's data verification code~~	13378
~~and~~ the student's name to the ~~school district delivering the~~	13379
course provider.	13380

The ~~district delivering the~~ course provider may request from	13381
the student's school district ~~or the student's~~, community school,	13382
or STEM school other information from the student's school	13383
record. The ~~student's school~~ district or ~~the student's community~~	13384
school shall provide the requested information only in accordance	13385
with section 3319.321 of the Revised Code.	13386

(C) The student's school district ~~or the student's~~, community	13387
school, or STEM school shall determine the manner in which and	13388
facilities at which the student shall participate in the course	13389
consistent with specifications for technology and connectivity	13390
adopted by the ~~commission~~chancellor of the Ohio board of	13391
regents.	13392

(D) A student may withdraw from a course prior to the end of	13393
the course only by a date and in a manner prescribed by the	13394
student's school district or, community school, or STEM school.	13395

(E) A student who is enrolled in a school operated by a	13396
school district or in a community school or STEM school and who	13397
takes a course ~~included in~~through the clearinghouse shall be	13398
counted in the formula ADM of a school district under section	13399
3317.03 of the Revised Code as if the student were taking the	13400
course from the student's school district ~~or the student's~~,	13401
community school, or STEM school.	13402

Sec. 3333.84. (A) The fee charged for any course offered	13403
through the clearinghouse shall be set by the course provider.	13404

(B) The chancellor of the Ohio board of regents shall	13405
prescribe the manner in which the fee for a course shall be	13406
collected or deducted from the school district, school, college or	13407
university, or individual subscribing to the course and in which	13408
manner the fee shall be paid to the course provider.	13409

(C) The chancellor may retain a percentage of the fee	13410
charged for a course to offset the cost of maintaining and	13411
operating the clearinghouse, including the payment of	13412
compensation for an entity or a private entity that is under	13413
contract with the chancellor under division (F) of section	13414
3333.82 of the Revised Code. The percentage retained shall be	13415
determined by the chancellor.	13416

~~Sec. 3353.26.~~ Sec. 3333.85. The grade for a student ~~who enrolls in~~	13417
enrolled in a school operated by a school district or in a	13418
community school or STEM school for a course ~~included in~~provided	13419
through the clearinghouse by another school district, community	13420
school, or STEM school shall be assigned by ~~the school district~~	13421
~~that delivers~~ the course provider and shall be transmitted by	13422
~~that district~~ to the student's school district ~~or the student's~~,	13423
community school, or STEM school.	13424

~~Sec. 3353.27.~~ Sec. 3333.86. The ~~eTech Ohio commission~~chancellor	13425
of the Ohio board of regents may determine the manner in which a	13426
course included in the clearinghouse may be offered as a dual	13427
enrollment program as defined in section 3313.6013 of the Revised	13428
Code, may be offered to students who are enrolled in nonpublic	13429
schools or are instructed at home pursuant to section 3321.04 of	13430
the Revised Code, or may be offered at times outside the normal	13431
school day or school week, including any necessary additional	13432
fees and methods of payment for a course so offered.	13433

~~Sec. 3353.28.~~ Sec. 3333.87. The ~~eTech Ohio commission~~chancellor	13434
of the Ohio board of regents shall adopt rules in accordance with	13435
Chapter 119. of the Revised Code prescribing procedures for the	13436
implementation of sections ~~3353.20 to 3353.27~~3333.81 to 3333.86	13437
of the Revised Code.	13438

~~Sec. 3353.29.~~ Sec. 3333.88. Nothing in sections ~~3353.20 to 3353.28~~	13439
3333.81 to 3333.87 of the Revised Code, or in rules implementing	13440
those sections, shall prohibit a school district, community	13441
school, STEM school, or college or university from offering an	13442
interactive distance learning course or other distance learning	13443
course using a computer-based method through any means other than	13444
the clearinghouse established and maintained under those	13445
sections.	13446

Sec. 3335.05. Before entering upon the duties of ~~his~~ office	13447
the treasurer of the Ohio state university shall give evidence of	13448
bond to the state or insurance in such sum as the board of	13449
trustees determines, ~~but not a less sum than the probable amount~~	13450
~~that will be under his control in any one year, conditioned~~ for	13451
the faithful discharge of ~~his~~official duties and the payment of	13452
all moneys coming into ~~his~~the treasurer's hands~~, the bond to be~~	13453
~~approved by the attorney general~~. Such evidence of bond or	13454
insurance shall be deposited with the secretary of state and kept	13455
in ~~his~~the secretary of state's office.	13456

Sec. 3341.03. The board of trustees of Bowling Green state	13457
university and Kent state university, respectively, shall annually	13458
elect from their members, a president and a vice-president; and	13459
they may also appoint a secretary of the board, a treasurer, and	13460
such other officers of the university as the interests of the	13461
respective universities require, who may be members of the board.	13462
The treasurers, before entering upon the discharge of their	13463
duties, shall give bonds to the state or be insured for the	13464
faithful performance of their duties and the proper accounting for	13465
all moneys coming into their care. The amount of said bonds or	13466
insurance shall be determined by the boards, but shall not be for	13467
a less sum than the estimated amount which may come into their	13468
control at any time, less any reasonable deductible. ~~Said bonds~~	13469
~~shall be approved by the attorney general.~~	13470

Sec. 3343.08. The treasurer of the central state university,	13471
before entering upon the discharge of the treasurer's duties,	13472
shall give a bond to the state or be insured for the faithful	13473
performance of the treasurer's duties and the proper accounting	13474
for all moneys coming into the treasurer's care. The amount of the	13475
bond or insurance shall be determined by the board of trustees of	13476
central state university, but shall not be for a sum less than the	13477
amount that the board estimates may come into the treasurer's	13478
control at any time, less any reasonable deductible. ~~The bond~~	13479
~~shall be approved by the attorney general.~~	13480

Sec. 3344.02. The board of trustees of Cleveland state	13481
university shall annually elect from their members a ~~chairman~~	13482
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13483
also appoint a secretary of the board, a treasurer, and such other	13484
officers of the university as the interest of the university	13485
requires, who may be members of the board. The treasurer, before	13486
entering upon the discharge of ~~his~~official duties, shall give	13487
bond to the state or be insured for the faithful performance of	13488
~~his~~the treasurer's duties and the proper accounting for all	13489
moneys coming into ~~his~~the treasurer's care. The amount of said	13490
bond or insurance shall be determined by the board, but shall not	13491
be for a sum less than the estimated amount which may come into	13492
~~his~~the treasurer's control at any time, less any reasonable	13493
deductible. ~~Said bond shall be approved by the attorney general.~~	13494

Sec. 3345.34. (A) No student trustee of a state university	13495
or the northeastern Ohio universities college of medicine shall	13496
use ~~his~~the trusteeship to influence any grade or other evaluation	13497
of ~~his~~the student trustee's performance made by a member of the	13498
faculty or other employee of the state university or the college.	13499

(B) No member of the faculty or other employee of a state	13500
university or the northeastern Ohio universities college of	13501
medicine shall confer any favor, advantage, preference, or other	13502
benefit on a student trustee because of the student's trusteeship.	13503

Sec. 3350.10. (A) There is hereby created the northeastern	13504
Ohio universities college of medicine. The principal goal of the	13505
college shall be to collaborate with the university of Akron,	13506
Cleveland state university, Kent state university, and Youngstown	13507
state university to graduate physicians oriented to the practice	13508
of medicine at the community level, especially family physicians.	13509
To accomplish this goal, the college may incorporate in the	13510
clinical experience provided its students the several community	13511
hospitals in the cities and areas served by the college; utilize	13512
practicing physicians as teachers; and to the fullest extent	13513
possible utilize the basic science capabilities of the university	13514
of Akron, Cleveland state university, Kent state university, and	13515
Youngstown state university. ~~The~~	13516

(1) Until the ninetieth day after the effective date of this	13517
amendment, the government of the college is vested in a	13518
nine-member board of trustees consisting of the presidents of the	13519
university of Akron, Kent state university, and Youngstown state	13520
university; one member each of the boards of trustees of the	13521
university of Akron, Kent state university, and Youngstown state	13522
university, to be appointed by their respective boards of trustees	13523
for a term of six years ending on the first day of May or until	13524
~~his~~the trustee's term on ~~his~~the respective university board of	13525
trustees expires, whichever occurs first; and one person each to	13526
be appointed by the boards of trustees of the university of Akron,	13527
Kent state university, and Youngstown state university, for a term	13528
of nine years ending on the first day of May; except that the term	13529
of those first appointed by the several boards of trustees shall	13530
expire on the first day of May next following their appointment.	13531
Vacancies shall be filled for the unexpired term in the manner	13532
provided for original appointment. The trustees shall receive no	13533
compensation for their services but shall be paid their reasonable	13534
necessary expenses while engaged in the discharge of their	13535
official duties. A majority of the board constitutes a quorum.	13536

(2) Beginning ninety days after the effective date of this	13537
amendment, the government of the college is vested in a board of	13538
eleven trustees, who shall be appointed by the governor, with the	13539
advice and consent of the senate. Two of the trustees shall be	13540
current students of the college, and their selection and terms	13541
shall be in accordance with division (B) of this section. Except	13542
as provided in division (A)(3) of this section and except for the	13543
student members, terms of office shall be for nine years. Each	13544
trustee shall hold office from the date of appointment until the	13545
end of the term for which the trustee was appointed. Any trustee	13546
appointed to fill a vacancy occurring prior to the expiration of	13547
the term for which the trustee's predecessor was appointed shall	13548
hold office for the remainder of such term. Any trustee shall	13549
continue in office subsequent to the expiration date of the	13550
trustee's term until the trustee's successor takes office, or	13551
until a period of sixty days has elapsed, whichever occurs first.	13552
No person who has served a full nine-year term or more than six	13553
years of such a term shall be eligible for reappointment until a	13554
period of four years has elapsed since the last day of the term	13555
for which the person previously served. The trustees shall receive	13556
no compensation for their services but shall be paid their	13557
reasonable necessary expenses while engaged in the discharge of	13558
their official duties. A majority of the board constitutes a	13559
quorum.	13560

(3) Not later than ninety days after the effective date of	13561
this amendment, the governor, with the advice and consent of the	13562
senate, shall appoint the two student trustees and successors for	13563
the trustees serving under division (A)(1) of this section. Except	13564
for the student trustees, who shall serve terms pursuant to	13565
division (B) of this section, the initial terms of office for	13566
trustees appointed under division (A)(2) of this section shall be	13567
as follows: one term ending one year after the effective date of	13568
this amendment; one term ending two years after the effective date	13569
of this amendment; one term ending three years after the effective	13570
date of this amendment; one term ending four years after the	13571
effective date of this amendment; one term ending five years after	13572
the effective date of this amendment; one term ending six years	13573
after the effective date of this amendment; one term ending seven	13574
years after the effective date of this amendment; one term ending	13575
eight years after the effective date of this amendment; one term	13576
ending nine years after the effective date of this amendment.	13577
Thereafter, terms of office shall be for nine years, as provided	13578
in division (A)(2) of this section.	13579

(B) The student members of the board of trustees of the	13580
northeastern Ohio universities college of medicine have no voting	13581
power on the board. Student members shall not be considered as	13582
members of the board in determining whether a quorum is present.	13583
Student members shall not be entitled to attend executive sessions	13584
of the board. The student members of the board shall be appointed	13585
by the governor, with the advice and consent of the senate, from a	13586
group of five candidates selected pursuant to a procedure adopted	13587
by the college's student governments and approved by the college's	13588
board of trustees. The initial term of office of one of the	13589
student members shall commence ninety days after the effective	13590
date of this amendment and shall expire on June 30, 2009, and the	13591
initial term of office of the other student member shall commence	13592
ninety days after the effective date of this amendment and shall	13593
expire on June 30, 2010. Thereafter, terms of office of student	13594
members shall be for two years, each term ending on the same day	13595
of the same month of the year as the term it succeeds. In the	13596
event that a student member cannot fulfill a two-year term, a	13597
replacement shall be selected to fill the unexpired term in the	13598
same manner used to make the original selection.	13599

Sec. 3352.02. The board of trustees of Wright state	13600
university shall annually elect from their members a ~~chairman~~	13601
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	13602
appoint a secretary of the board, a treasurer, and such other	13603
officers of the university as the interest of the university	13604
requires, who may be members of the board. The treasurer, before	13605
entering upon the discharge of ~~his~~official duties, shall give	13606
bond to the state or be insured for the faithful performance of	13607
~~his~~the treasurer's duties and the proper accounting for all	13608
moneys coming into ~~his~~the treasurer's care. The amount of said	13609
bond or insurance shall be determined by the board, but shall not	13610
be for a sum less than the estimated amount which may come into	13611
~~his~~the treasurer's control at any time, less any reasonable	13612
deductible. ~~Said bond shall be approved by the attorney general.~~	13613

Sec. 3353.02. (A) There is hereby created the eTech Ohio	13614
commission as an independent agency to advance education and	13615
accelerate the learning of the citizens of this state through	13616
technology. The commission shall provide leadership and support in	13617
extending the knowledge of the citizens of this state by promoting	13618
access to and use of all forms of educational technology,	13619
including educational television and radio, radio reading	13620
services, broadband networks, videotapes, compact discs, digital	13621
video on demand (DVD), and the internet. The commission also shall	13622
administer programs to provide financial and other assistance to	13623
school districts and other educational institutions for the	13624
acquisition and utilization of educational technology.	13625

The commission is a body corporate and politic, an agency of	13626
the state performing essential governmental functions of the	13627
state.	13628

(B) The commission shall consist of thirteen members, nine of	13629
whom shall be voting members. Six of the voting members shall be	13630
representatives of the public. Of the representatives of the	13631
public, four shall be appointed by the governor with the advice	13632
and consent of the senate, one shall be appointed by the speaker	13633
of the house of representatives, and one shall be appointed by the	13634
president of the senate. The superintendent of public instruction	13635
or a designee of the superintendent, the chancellor of the Ohio	13636
board of regents or a designee of the chancellor, and the ~~director~~	13637
~~of the office of information technology~~state chief information	13638
officer or a designee of the ~~director~~officer shall be ex officio	13639
voting members. Of the nonvoting members, two shall be members of	13640
the house of representatives appointed by the speaker of the house	13641
of representatives and two shall be members of the senate	13642
appointed by the president of the senate. The members appointed	13643
from each chamber shall not be members of the same political	13644
party.	13645

(C) Initial terms of office for members appointed by the	13646
governor shall be one year for one member, two years for one	13647
member, three years for one member, and four years for one member.	13648
At the first meeting of the commission, members appointed by the	13649
governor shall draw lots to determine the length of the term each	13650
member will serve. Thereafter, terms of office for members	13651
appointed by the governor shall be for four years. Terms of office	13652
for voting members appointed by the speaker of the house of	13653
representatives and the president of the senate shall be for four	13654
years. Any member who is a representative of the public may be	13655
reappointed by the member's respective appointing authority, but	13656
no such member may serve more than two consecutive four-year	13657
terms. Such a member may be removed by the member's respective	13658
appointing authority for cause.	13659

Any legislative member appointed by the speaker of the house	13660
of representatives or the president of the senate who ceases to be	13661
a member of the legislative chamber from which the member was	13662
appointed shall cease to be a member of the commission. The	13663
speaker of the house of representatives and the president of the	13664
senate may remove their respective appointments to the commission	13665
at any time.	13666

(D) Vacancies among appointed members shall be filled in the	13667
manner provided for original appointments. Any member appointed to	13668
fill a vacancy occurring prior to the expiration of the term for	13669
which the member's predecessor was appointed shall hold office for	13670
the remainder of that term. Any appointed member shall continue in	13671
office subsequent to the expiration of that member's term until	13672
the member's successor takes office or until a period of sixty	13673
days has elapsed, whichever occurs first.	13674

(E) Members of the commission shall serve without	13675
compensation. The members who are representatives of the public	13676
shall be reimbursed, pursuant to office of budget and management	13677
guidelines, for actual and necessary expenses incurred in the	13678
performance of official duties.	13679

(F) The governor shall appoint the chairperson of the	13680
commission from among the commission's voting members. The	13681
chairperson shall serve a term of two years and may be	13682
reappointed. The commission shall elect other officers as	13683
necessary from among its voting members and shall prescribe its	13684
rules of procedure.	13685

(G) The commission shall establish advisory groups as needed	13686
to address topics of interest and to provide guidance to the	13687
commission regarding educational technology issues and the	13688
technology needs of educators, learners, and the public. Members	13689
of each advisory group shall be appointed by the commission and	13690
shall include representatives of individuals or organizations with	13691
an interest in the topic addressed by the advisory group.	13692

Sec. 3354.16. (A) When the board of trustees of a community	13693
college district has by resolution determined to let by contract	13694
the work of improvements pursuant to the official plan of such	13695
district, contracts in amounts exceeding a dollar amount set by	13696
the board, which dollar amount shall not exceed fifty thousand	13697
dollars, shall be advertised after notices calling for bids have	13698
been published once a week for three consecutive weeks, in at	13699
least one newspaper of general circulation within the community	13700
college district wherein the work is to be done. Subject to	13701
section 3354.10 of the Revised Code, the board of trustees of the	13702
district may let such contract to the lowest responsive and	13703
responsible bidder, in accordance with section 9.312 of the	13704
Revised Code, who meets the requirements of section 153.54 of the	13705
Revised Code. Such contract shall be in writing and shall be	13706
accompanied by or shall refer to plans and specifications for the	13707
work to be done. Such contract shall be approved by the board of	13708
trustees and signed by the president of the board and by the	13709
contractor.	13710

(B) On the first day of January of every even-numbered year,	13711
the chancellor of the board of regents shall adjust the fifty	13712
thousand dollar contract limit set forth in division (A) of this	13713
section, as adjusted in any previous year pursuant to this	13714
division. The chancellor shall adjust the limit according to the	13715
average increase or decrease for each of the two years	13716
immediately preceding the adjustment as set forth in the United	13717
States department of commerce, bureau of ~~the census~~economic	13718
analysis implicit price deflator for ~~construction~~gross domestic	13719
product, nonresidential structures, or an alternative if the	13720
federal government ceases to publish this metric, provided that no	13721
increase or decrease for any year shall exceed three per cent of	13722
the contract limit in existence at the time of the adjustment.	13723
Notwithstanding division (A) of this section, the limit adjusted	13724
under this division shall be used thereafter in lieu of the limit	13725
in division (A) of this section.	13726

(C) Before entering into an improvement pursuant to division	13727
(A) of this section, the board of trustees of a community college	13728
district shall require separate and distinct proposals to be made	13729
for furnishing materials or doing work on the improvement, or	13730
both, in the board's discretion, for each separate and distinct	13731
branch or class of work entering into the improvement. The board	13732
of trustees also may require a single, combined proposal for the	13733
entire project for materials or doing work, or both, in the	13734
board's discretion, that includes each separate and distinct	13735
branch or class of work entering into the improvement. The board	13736
of trustees need not solicit separate proposals for a branch or	13737
class of work for an improvement if the estimate cost for that	13738
branch or class of work is less than five thousand dollars.	13739

(D) When more than one branch or class of work is required,	13740
no contract for the entire job, or for a greater portion thereof	13741
than is embraced in one such branch or class of work shall be	13742
awarded, unless the separate bids do not cover all the work and	13743
materials required or the bids for the whole or for two or more	13744
kinds of work or materials are lower than the separate bids in the	13745
aggregate. The board of trustees need not award separate contracts	13746
for a branch or class of work entering into an improvement if the	13747
estimated cost for that branch or class of work is less than five	13748
thousand dollars.	13749

Sec. 3355.12. (A) When the managing authority of the	13750
university branch district has determined to let by contract the	13751
work of improvements, contracts in amounts exceeding a dollar	13752
amount set by the managing authority, which dollar amount shall	13753
not exceed fifty thousand dollars, shall be advertised after	13754
notices calling for bids have been published once a week for three	13755
consecutive weeks, in at least one newspaper of general	13756
circulation within the university branch district wherein the work	13757
is to be done. Such managing authority may let such contract to	13758
the lowest responsive and responsible bidder, in accordance with	13759
section 9.312 of the Revised Code, who meets the requirements of	13760
section 153.54 of the Revised Code. Such contract shall be in	13761
writing and shall be accompanied by or shall refer to plans and	13762
specifications for the work to be done. Such contract shall be	13763
approved by the managing authority of the university branch	13764
district and signed by the chairperson or vice-chairperson of the	13765
managing authority and by the contractor.	13766

(B) On the first day of January of every even-numbered year,	13767
the chancellor of the board of regents shall adjust the fifty	13768
thousand dollar contract limit set forth in division (A) of this	13769
section, as adjusted in any previous year pursuant to this	13770
division. The chancellor shall adjust the limit according to the	13771
average increase or decrease for each of the two years	13772
immediately preceding the adjustment as set forth in the United	13773
States department of commerce, bureau of ~~the census~~economic	13774
analysis implicit price deflator for ~~construction~~gross domestic	13775
product, nonresidential structures, or an alternative if the	13776
federal government ceases to publish this metric, provided that no	13777
increase or decrease for any year shall exceed three per cent of	13778
the contract limit in existence at the time of the adjustment.	13779
Notwithstanding division (A) of this section, the limit adjusted	13780
under this division shall be used thereafter in lieu of the limit	13781
in division (A) of this section.	13782

(C) Before entering into an improvement pursuant to division	13783
(A) of this section, the managing authority of the university	13784
branch district shall require separate and distinct proposals to	13785
be made for furnishing materials or doing work on the improvement,	13786
or both, in the board's discretion, for each separate and distinct	13787
branch or class of work entering into the improvement. The	13788
managing authority also may require a single, combined proposal	13789
for the entire project for materials or doing work, or both, in	13790
the board's discretion, that includes each separate and distinct	13791
branch or class of work entering into the improvement. The	13792
managing authority need not solicit separate proposals for a	13793
branch or class of work for an improvement if the estimate cost	13794
for that branch or class of work is less than five thousand	13795
dollars.	13796

(D) When more than one branch or class of work is required,	13797
no contract for the entire job, or for a greater portion thereof	13798
than is embraced in one such branch or class of work shall be	13799
awarded, unless the separate bids do not cover all the work and	13800
materials required or the bids for the whole or for two or more	13801
kinds of work or materials are lower than the separate bids in the	13802
aggregate. The managing authority need not award separate	13803
contracts for a branch or class of work entering into an	13804
improvement if the estimated cost for that branch or class of work	13805
is less than five thousand dollars.	13806

Sec. 3356.02. The board of trustees of Youngstown state	13807
university shall annually elect from their members a ~~chairman~~	13808
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13809
also appoint a secretary of the board, a treasurer, and such other	13810
officers of the university as the interest of the university	13811
requires, who may be members of the board. The treasurer, before	13812
entering upon the discharge of ~~his~~official duties, shall give	13813
bond to the state or be insured for faithful performance of ~~his~~	13814
the treasurer's duties and the proper accounting for all moneys	13815
coming into ~~his~~the treasurer's care. The amount of said bond or	13816
insurance shall be determined by the board, but shall not be for a	13817
sum less than the estimated amount which may come into ~~his~~the	13818
treasurer's control at any time, less any reasonable deductible.	13819
~~Said bond shall be approved by the attorney general.~~	13820

Sec. 3357.16. (A) When the board of trustees of a technical	13821
college district has by resolution determined to let by contract	13822
the work of improvements pursuant to the official plan of such	13823
district, contracts in amounts exceeding a dollar amount set by	13824
the board, which dollar amount shall not exceed fifty thousand	13825
dollars, shall be advertised after notice calling for bids has	13826
been published once a week for three consecutive weeks, in at	13827
least one newspaper of general circulation within the technical	13828
college district where the work is to be done. The board of	13829
trustees of the technical college district may let such contract	13830
to the lowest responsive and responsible bidder, in accordance	13831
with section 9.312 of the Revised Code, who meets the requirements	13832
of section 153.54 of the Revised Code. Such contract shall be in	13833
writing and shall be accompanied by or shall refer to plans and	13834
specifications for the work to be done. Such contract shall be	13835
approved by the board of trustees and signed by the president of	13836
the board and by the contractor.	13837

(B) On the first day of January of every even-numbered year,	13838
the chancellor of the board of regents shall adjust the fifty	13839
thousand dollar contract limit set forth in division (A) of this	13840
section, as adjusted in any previous year pursuant to this	13841
division. The chancellor shall adjust the limit according to the	13842
average increase or decrease for each of the two years	13843
immediately preceding the adjustment as set forth in the United	13844
States department of commerce, bureau of ~~the census~~economic	13845
analysis implicit price deflator for ~~construction~~gross domestic	13846
product, nonresidential structures, or an alternative if the	13847
federal government ceases to publish this metric, provided that no	13848
increase or decrease for any year shall exceed three per cent of	13849
the contract limit in existence at the time of the adjustment.	13850
Notwithstanding division (A) of this section, the limit adjusted	13851
under this division shall be used thereafter in lieu of the limit	13852
in division (A) of this section.	13853

(C) Before entering into an improvement pursuant to division	13854
(A) of this section, the board of trustees of a technical college	13855
district shall require separate and distinct proposals to be made	13856
for furnishing materials or doing work on the improvement, or	13857
both, in the board's discretion, for each separate and distinct	13858
branch or class of work entering into the improvement. The board	13859
of trustees also may require a single, combined proposal for the	13860
entire project for materials or doing work, or both, in the	13861
board's discretion, that includes each separate and distinct	13862
branch or class of work entering into the improvement. The board	13863
of trustees need not solicit separate proposals for a branch or	13864
class of work for an improvement if the estimate cost for that	13865
branch or class of work is less than five thousand dollars.	13866

(D) When more than one branch or class of work is required,	13867
no contract for the entire job, or for a greater portion thereof	13868
than is embraced in one such branch or class of work shall be	13869
awarded, unless the separate bids do not cover all the work and	13870
materials required or the bids for the whole or for two or more	13871
kinds of work or materials are lower than the separate bids in the	13872
aggregate. The board of trustees need not award separate contracts	13873
for a branch or class of work entering into an improvement if the	13874
estimated cost for that branch or class of work is less than five	13875
thousand dollars.	13876

Sec. 3359.02. The board of trustees of the university of	13877
Akron shall annually elect from their members a ~~chairman~~	13878
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13879
also appoint a secretary of the board, a treasurer, and such other	13880
officers of the university as the interest of the university	13881
requires, who may be members of the board. The treasurer, before	13882
entering upon the discharge of ~~his~~official duties, shall give	13883
bond to the state or be insured for the faithful performance of	13884
~~his~~the treasurer's duties and the proper accounting for all	13885
moneys coming into ~~his~~the treasurer's care. The amount of said	13886
bonds or insurance shall be determined by the board, but shall not	13887
be for a sum less than the estimated amount which may come into	13888
~~his~~the treasurer's control at any time, less any reasonable	13889
deductible. ~~Said bond shall be approved by the attorney general.~~	13890

Sec. 3361.02. The board of trustees of the university of	13891
Cincinnati shall annually elect from their members a ~~chairman~~	13892
chairperson and a ~~vice-chairman~~vice-chairperson, and they may	13893
also appoint a secretary of the board, a treasurer, and such other	13894
officers of the university as the interests of the university	13895
require, who may be members of the board. The treasurer, before	13896
entering upon the discharge of ~~his~~official duties, shall give	13897
bond to the state or be insured for the faithful performance of	13898
~~his~~the treasurer's duties and the proper accounting for all	13899
moneys coming into ~~his~~the treasurer's care. The amount of said	13900
bond or insurance shall be determined by the board, but shall not	13901
be for a sum less than the estimated amount which may come into	13902
~~his~~the treasurer's control at any time, less any reasonable	13903
deductible. ~~Said bond shall be approved by the attorney general.~~	13904

Sec. 3364.02. The board of trustees of the university of	13905
Toledo annually shall elect from among its members a chairperson	13906
and a vice-chairperson, and also may appoint a secretary of the	13907
board, a treasurer, and such other officers of the university as	13908
the interest of the university requires, who may be members of the	13909
board. The treasurer, before entering upon the discharge of	13910
official duties, shall give bond to the state or be insured for	13911
the faithful performance of the treasurer's duties and the proper	13912
accounting for all moneys coming into the treasurer's care. The	13913
amount of that bond or insurance shall be determined by the board,	13914
but shall not be for a sum less than the estimated amount which	13915
may come into the treasurer's control at any time, less any	13916
reasonable deductible.	13917

Sec. 3365.15. The program known as "seniors to sophomores,"	13918
or any successor name, shall permit nonpublic school students to	13919
participate.	13920

Sec. 3501.17. (A) The expenses of the board of elections	13921
shall be paid from the county treasury, in pursuance of	13922
appropriations by the board of county commissioners, in the same	13923
manner as other county expenses are paid. If the board of county	13924
commissioners fails to appropriate an amount sufficient to provide	13925
for the necessary and proper expenses of the board of elections	13926
pertaining to the conduct of elections, the board of elections	13927
may apply to the court of common pleas within the county, which	13928
shall fix the amount necessary to be appropriated and the amount	13929
shall be appropriated. Payments shall be made upon vouchers of the	13930
board of elections certified to by its chairperson or acting	13931
chairperson and the director or deputy director, upon warrants of	13932
the county auditor.	13933

The board of elections shall not incur any obligation	13934
involving the expenditure of money unless there are moneys	13935
sufficient in the funds appropriated therefor to meet the	13936
obligation. If the board of elections requests a transfer of funds	13937
from one of its appropriation items to another, the board of	13938
county commissioners shall adopt a resolution providing for the	13939
transfer except as otherwise provided in section 5705.40 of the	13940
Revised Code. The expenses of the board of elections shall be	13941
apportioned among the county and the various subdivisions as	13942
provided in this section, and the amount chargeable to each	13943
subdivision shall be withheld by the auditor from the moneys	13944
payable thereto at the time of the next tax settlement. At the	13945
time of submitting budget estimates in each year, the board of	13946
elections shall submit to the taxing authority of each	13947
subdivision, upon the request of the subdivision, an estimate of	13948
the amount to be withheld from the subdivision during the next	13949
fiscal year.	13950

(B) Except as otherwise provided in division (F) of this	13951
section, the compensation of the members of the board of	13952
elections and of the director, deputy director, and regular	13953
employees in the board's offices, other than compensation for	13954
overtime worked; the expenditures for the rental, furnishing, and	13955
equipping of the office of the board and for the necessary office	13956
supplies for the use of the board; the expenditures for the	13957
acquisition, repair, care, and custody of the polling places,	13958
booths, guardrails, and other equipment for polling places; the	13959
cost of tally sheets, maps, flags, ballot boxes, and all other	13960
permanent records and equipment; the cost of all elections held	13961
in and for the state and county; and all other expenses of the	13962
board which are not chargeable to a political subdivision in	13963
accordance with this section shall be paid in the same manner as	13964
other county expenses are paid.	13965

(C) The compensation of judges of elections and intermittent	13966
employees in the board's offices; the cost of renting, moving,	13967
heating, and lighting polling places and of placing and removing	13968
ballot boxes and other fixtures and equipment thereof, including	13969
voting machines, marking devices, and automatic tabulating	13970
equipment; the cost of printing and delivering ballots, cards of	13971
instructions, registration lists required under section 3503.23	13972
of the Revised Code, and other election supplies, including the	13973
supplies required to comply with division (H) of section 3506.01	13974
of the Revised Code; the cost of contractors engaged by the board	13975
to prepare, program, test, and operate voting machines, marking	13976
devices, and automatic tabulating equipment; and all other	13977
expenses of conducting primaries and elections in the odd-numbered	13978
years shall be charged to the subdivisions in and for which such	13979
primaries or elections are held. The charge for each primary or	13980
general election in odd-numbered years for each subdivision shall	13981
be determined in the following manner: first, the total cost of	13982
all chargeable items used in conducting such elections shall be	13983
ascertained; second, the total charge shall be divided by the	13984
number of precincts participating in such election, in order to	13985
fix the cost per precinct; third, the cost per precinct shall be	13986
prorated by the board of elections to the subdivisions conducting	13987
elections for the nomination or election of offices in such	13988
precinct; fourth, the total cost for each subdivision shall be	13989
determined by adding the charges prorated to it in each precinct	13990
within the subdivision.	13991

(D) The entire cost of special elections held on a day other	13992
than the day of a primary or general election, both in	13993
odd-numbered or in even-numbered years, shall be charged to the	13994
subdivision. Where a special election is held on the same day as a	13995
primary or general election in an even-numbered year, the	13996
subdivision submitting the special election shall be charged only	13997
for the cost of ballots and advertising. Where a special election	13998
is held on the same day as a primary or general election in an	13999
odd-numbered year, the subdivision submitting the special election	14000
shall be charged for the cost of ballots and advertising for such	14001
special election, in addition to the charges prorated to such	14002
subdivision for the election or nomination of candidates in each	14003
precinct within the subdivision, as set forth in the preceding	14004
paragraph.	14005

(E) Where a special election is held on the day specified by	14006
division (E) of section 3501.01 of the Revised Code for the	14007
holding of a primary election, for the purpose of submitting to	14008
the voters of the state constitutional amendments proposed by the	14009
general assembly, and a subdivision conducts a special election on	14010
the same day, the entire cost of the special election shall be	14011
divided proportionally between the state and the subdivision based	14012
upon a ratio determined by the number of issues placed on the	14013
ballot by each, except as otherwise provided in division (G) of	14014
this section. Such proportional division of cost shall be made	14015
only to the extent funds are available for such purpose from	14016
amounts appropriated by the general assembly to the secretary of	14017
state. If a primary election is also being conducted in the	14018
subdivision, the costs shall be apportioned as otherwise provided	14019
in this section.	14020

(F) When a precinct is open during a general, primary, or	14021
special election solely for the purpose of submitting to the	14022
voters a statewide ballot issue, the state shall bear the entire	14023
cost of the election in that precinct and shall reimburse the	14024
county for all expenses incurred in opening the precinct.	14025

(G) The state shall bear the entire cost of advertising in	14026
newspapers statewide ballot issues, explanations of those issues,	14027
and arguments for or against those issues, as required by Section	14028
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	14029
and any other section of law. ~~The Ohio ballot board~~Appropriations	14030
made to the controlling board shall be used to reimburse the	14031
secretary of state for all expenses the secretary of state incurs	14032
for such advertising under division (G) of section 3505.062 of	14033
the Revised Code.	14034

(H) The cost of renting, heating, and lighting registration	14035
places; the cost of the necessary books, forms, and supplies for	14036
the conduct of registration; and the cost of printing and posting	14037
precinct registration lists shall be charged to the subdivision in	14038
which such registration is held.	14039

(I) At the request of a majority of the members of the board	14040
of elections, the board of county commissioners may, by	14041
resolution, establish an elections revenue fund. Except as	14042
otherwise provided in this division, the purpose of the fund shall	14043
be to accumulate revenue withheld by or paid to the county under	14044
this section for the payment of any expense related to the duties	14045
of the board of elections specified in section 3501.11 of the	14046
Revised Code, upon approval of a majority of the members of the	14047
board of elections. The fund shall not accumulate any revenue	14048
withheld by or paid to the county under this section for the	14049
compensation of the members of the board of elections or of the	14050
director, deputy director, or other regular employees in the	14051
board's offices, other than compensation for overtime worked.	14052

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	14053
Revised Code, the board of county commissioners may, by	14054
resolution, transfer money to the elections revenue fund from any	14055
other fund of the political subdivision from which such payments	14056
lawfully may be made. Following an affirmative vote of a majority	14057
of the members of the board of elections, the board of county	14058
commissioners may, by resolution, rescind an elections revenue	14059
fund established under this division. If an elections revenue fund	14060
is rescinded, money that has accumulated in the fund shall be	14061
transferred to the county general fund.	14062

(J) As used in this section:

14063

(1) "Political subdivision" and "subdivision" mean any board	14064
of county commissioners, board of township trustees, legislative	14065
authority of a municipal corporation, board of education, or any	14066
other board, commission, district, or authority that is empowered	14067
to levy taxes or permitted to receive the proceeds of a tax levy,	14068
regardless of whether the entity receives tax settlement moneys as	14069
described in division (A) of this section;	14070

(2) "Statewide ballot issue" means any ballot issue, whether	14071
proposed by the general assembly or by initiative or referendum,	14072
that is submitted to the voters throughout the state.	14073

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	14074
Revised Code:	14075

(A) "Primary care physician" means an individual who is	14076
authorized under Chapter 4731. of the Revised Code to practice	14077
medicine and surgery or osteopathic medicine and surgery and is	14078
board certified or board eligible in a primary care specialty.	14079

(B) "Primary care service" means professional comprehensive	14080
personal health services, which may include health education and	14081
disease prevention, treatment of uncomplicated health problems,	14082
diagnosis of chronic health problems, overall management of	14083
health care services for an individual or a family, and the	14084
services of a psychiatrist. "Primary care service" also includes	14085
providing the initial contact for health care services and making	14086
referrals for secondary and tertiary care and for continuity of	14087
health care services.	14088

(C) "Primary care specialty" means general internal medicine,	14089
pediatrics, adolescent medicine, obstetrics and gynecology,	14090
psychiatry, child and adolescent psychiatry, geriatric	14091
psychiatry, combined internal medicine and pediatrics,	14092
geriatrics, or family practice.	14093

Sec. 3702.72. (A) A primary care physician who will not have	14094
an outstanding obligation for medical service to the federal	14095
government, a state, or other entity at the time of participation	14096
in the physician loan repayment program and meets one of the	14097
following requirements may apply for participation in the	14098
physician loan repayment program:	14099

(1) The primary care physician is enrolled in the final year	14100
of an accredited program required for board certification in a	14101
primary care specialty.	14102

(2) The primary care physician is enrolled in the final year	14103
of a fellowship program in a primary care specialty.	14104

(3) The primary care physician holds a valid certificate to	14105
practice medicine and surgery or osteopathic medicine and surgery	14106
issued under Chapter 4731. of the Revised Code.	14107

(B) An application for participation in the physician loan	14108
repayment program shall be submitted to the director of health on	14109
a form that the director shall prescribe. The information required	14110
to be submitted with an application includes the following:	14111

(1) The applicant's name, permanent address or address at	14112
which the applicant is currently residing if different from the	14113
permanent address, and telephone number;	14114

(2) The applicant's primary care specialty or specialties;

14115

(3) The medical school or osteopathic medical school the	14116
applicant attended, the dates of attendance, and verification of	14117
attendance;	14118

(4) The facility or institution where the applicant's medical	14119
residency program was completed or is being performed, and, if	14120
completed, the date of completion;	14121

(5) If applicable, the facility or institution where the	14122
applicant's fellowship was completed or is being performed, and,	14123
if completed, the date of completion;	14124

(6) A summary and verification of the educational expenses	14125
for which the applicant seeks reimbursement under the program;	14126

~~(6)~~(7) Verification of the applicant's authorization under	14127
Chapter 4731. of the Revised Code to practice medicine and surgery	14128
or osteopathic medicine and surgery;	14129

~~(7)~~(8) Verification of the applicant's United States	14130
citizenship or status as a legal alien.	14131

Sec. 3702.73. If funds are available in the physician loan	14132
repayment fund created under section 3702.78 of the Revised Code	14133
and the general assembly has appropriated funds for the physician	14134
loan repayment program, the director of health shall approve an	14135
applicant for participation in the program if the director finds	14136
that, in accordance with the priorities established under section	14137
3702.77 of the Revised Code, the applicant is eligible for	14138
participation in the program and the applicant's primary care	14139
specialty is needed in a health resource shortage area.	14140

Upon approval, the director shall notify and enter into	14141
discussions with the applicant. The object of the discussions is	14142
to facilitate the recruitment of the applicant to a site within a	14143
health resource shortage area at which, according to the	14144
priorities established under section 3702.77 of the Revised Code,	14145
the applicant's primary care specialty is most needed.	14146

If the director and applicant agree on the applicant's	14147
placement at a particular site within a health resource shortage	14148
area, the applicant shall prepare, sign, and deliver to the	14149
director a letter of intent agreeing to that placement.	14150

Sec. 3702.74. (A) A primary care physician who has signed a	14151
letter of intent under section 3702.73 of the Revised Code,and	14152
the director of health~~, and the Ohio board of regents~~ may enter	14153
into a contract for the physician's participation in the physician	14154
loan repayment program. ~~A lending institution~~The physician's	14155
employer or other funding source may also be a party to the	14156
contract.	14157

(B) The contract shall include all of the following	14158
obligations:	14159

(1) The primary care physician agrees to provide primary care	14160
services in the health resource shortage area identified in the	14161
letter of intent for at least two years ~~or one year per twenty~~	14162
~~thousand dollars of repayment agreed to under division (B)(3) of~~	14163
~~this section, whichever is greater~~;	14164

(2) When providing primary care services in the health	14165
resource shortage area, the primary care physician agrees to do	14166
all of the following:	14167

(a) Provide primary care services for a minimum of forty	14168
hours per week, of which at least twenty-one hours will be spent	14169
providing patient care in an outpatient or ambulatory setting;	14170

(b) Provide primary care services without regard to a	14171
patient's ability to pay;	14172

(c) Meet the conditions prescribed by the "Social Security	14173
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	14174
department of job and family services for participation in the	14175
~~medical assistance~~medicaid program established under Chapter	14176
5111. of the Revised Code and enter into a contract with the	14177
department to provide primary care services to recipients of the	14178
medical assistance program;	14179

(d) Meet the conditions established by the department of job	14180
and family services for participation in the disability medical	14181
assistance program established under Chapter 5115. of the Revised	14182
Code and enter into a contract with the department to provide	14183
primary care services to recipients of disability medical	14184
assistance.	14185

(3) The ~~Ohio board of regents~~department of health agrees, as	14186
provided in section 3702.75 of the Revised Code, to repay, so long	14187
as the primary care physician performs the service obligation	14188
agreed to under division (B)(1) of this section, all or part of	14189
the principal and interest of a government or other educational	14190
loan taken by the primary care physician for expenses described in	14191
section 3702.75 of the Revised Code;	14192

(4) The primary care physician agrees to pay the ~~board the~~	14193
~~following as damages~~department of health an amount established by	14194
rules adopted under section 3702.79 of the Revised Code if the	14195
physician fails to complete the service obligation agreed to under	14196
division (B)(1) of this section:	14197

~~(a) If the failure occurs during the first two years of the~~	14198
~~service obligation, three times the total amount the board has~~	14199
~~agreed to repay under division (B)(3) of this section;~~	14200

~~(b) If the failure occurs after the first two years of the~~	14201
~~service obligation, three times the amount the board is still~~	14202
~~obligated to repay under division (B)(3) of this section~~.	14203

(C) The contract may include any other terms agreed upon by	14204
the parties~~, including an assignment to the Ohio board of regents~~	14205
~~of the physician's duty to pay the principal and interest of a~~	14206
~~government or other educational loan taken by the physician for~~	14207
~~expenses described in section 3702.75 of the Revised Code. If the~~	14208
~~board assumes the physician's duty to pay a loan, the contract~~	14209
~~shall set forth the total amount of principal and interest to be~~	14210
~~paid, an amortization schedule, and the amount of each payment to~~	14211
~~be made under the schedule~~.	14212

Sec. 3702.75. There is hereby created the physician loan	14213
repayment program. Under the program, the ~~Ohio board of regents~~	14214
department of health, by means of a contract provision under	14215
division (B)(3) of section 3702.74 of the Revised Code, may agree	14216
to repay all or part of the principal and interest of a government	14217
or other educational loan taken by a primary care physician for	14218
the following expenses, so long as the expenses were incurred	14219
while the physician was enrolled in, for up to a maximum of four	14220
years, a medical school or osteopathic medical school in the	14221
United States that was, during the time enrolled, accredited by	14222
the liaison committee on medical education or the American	14223
osteopathic association, or a medical school or osteopathic	14224
medical school located outside the United States that was, during	14225
the time enrolled, acknowledged by the world health organization	14226
and verified by a member state of that organization as operating	14227
within the state's jurisdiction:	14228

(A) Tuition;

14229

(B) Other educational expenses, such as fees, books, and	14230
laboratory expenses, for specific purposes and in amounts	14231
determined to be reasonable by the director of health;	14232

(C) Room and board, in an amount determined reasonable by the	14233
director of health.	14234

NoIn the first and second years, no repayment shall exceed	14235
~~twenty~~twenty-five thousand dollars in ~~any~~each year. In the third	14236
and fourth years, no repayment shall exceed thirty-five thousand	14237
dollars in each year. If, however, a repayment results in an	14238
increase in the primary care physician's federal, state, or local	14239
income tax liability, ~~the Ohio board of regents,~~ at the	14240
physician's request ~~and with the approval of the director of~~	14241
~~health~~, the department may reimburse the physician for the	14242
increased tax liability, regardless of the amount of the repayment	14243
made to the physician in that year.	14244

Not later than the thirty-first day of January each year, the	14245
~~Ohio board of regents~~department shall mail to each physician to	14246
whom or on whose behalf repayment is made under this section a	14247
statement showing the amount ~~of principal and interest~~ repaid by	14248
the ~~board~~department pursuant to the contract in the preceding	14249
year. The statement shall be sent by ordinary mail with address	14250
correction and forwarding requested in the manner prescribed by	14251
the United States postal service.	14252

Sec. 3702.78. The director of health may accept gifts of	14253
money from any source for the implementation and administration of	14254
sections 3702.72 to 3702.77 of the Revised Code. ~~The Ohio board of~~	14255
~~regents may accept gifts of money from any source for~~	14256
~~implementation and administration of the physician loan repayment~~	14257
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	14258

The director shall pay all gifts accepted under this section	14259
into the state treasury, to the credit of the health resource	14260
shortage area fund, which is hereby created~~. The board shall pay~~,	14261
and all ~~gifts accepted under this section, and~~ damages collected	14262
under division (B)(4) of section 3702.74 of the Revised Code, into	14263
the state treasury, to the credit of the physician loan repayment	14264
fund, which is hereby created.	14265

The director shall use the health resource shortage area ~~fund~~	14266
and the physician loan repayment funds for the implementation and	14267
administration of sections 3702.72 to 3702.77 of the Revised Code.	14268
~~The board shall use the physician loan repayment fund for the~~	14269
~~implementation and administration of the physician loan repayment~~	14270
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	14271

Sec. 3702.79. The director of health, in accordance with	14272
Chapter 119. of the Revised Code, shall adopt rules as necessary	14273
to implement and administer sections 3702.71 to 3702.78 of the	14274
Revised Code. In preparing rules, the director shall consult with	14275
~~the Ohio board of regents and~~ the physician loan repayment	14276
advisory board.	14277

Sec. 3702.81. There is hereby created the physician loan	14278
repayment advisory board. The board shall consist of ~~eleven~~ten	14279
members as follows:	14280

(A) The following ~~six~~five members appointed by the governor:	14281
a representative of ~~the department of health, a representative of~~	14282
the Ohio academy of family practice, a representative of the board	14283
of regents, a representative of the Ohio association of community	14284
health centers, a representative of the Ohio state medical	14285
association, and a representative of the Ohio osteopathic	14286
association;	14287

(B) Two members of the house of representatives, one from	14288
each political party, appointed by the speaker of the house of	14289
representatives;	14290

(C) Two members of the senate, one from each political party,	14291
appointed by the president of the senate.	14292

(D) The director of health or an employee of the department	14293
of health designated by the director.	14294

Of the initial appointments made by the governor, three shall	14295
be for terms ending June 30, 1994, and four shall be for terms	14296
ending June 30, 1995. Of the initial appointments made by the	14297
speaker of the house of representatives, one shall be for a term	14298
ending June 30, 1994, and one shall be for a term ending June 30,	14299
1995. Of the initial appointments made by the president of the	14300
senate, one shall be for a term ending June 30, 1994, and one	14301
shall be for a term ending June 30, 1995. Thereafter, terms of	14302
office shall be two years, commencing on the first day of July and	14303
ending on the thirtieth day of June. Each member shall hold office	14304
from the date of appointment until the end of the term for which	14305
the member was appointed, except that a legislative member ceases	14306
to be a member of the board upon ceasing to be a member of the	14307
general assembly.	14308

Vacancies shall be filled in the manner prescribed for the	14309
original appointment. A member appointed to fill a vacancy	14310
occurring prior to the expiration of the term for which the	14311
member's predecessor was appointed shall hold office for the	14312
remainder of that term. A member shall continue in office	14313
subsequent to the expiration of the member's term until a	14314
successor takes office or until sixty days have elapsed, whichever	14315
occurs first. No person shall be appointed to the board for more	14316
than two consecutive terms.	14317

The governor, speaker, or president, or director may remove a	14318
member for whom the governor, speaker, or president, or director	14319
was the appointing authority, for misfeasance, malfeasance, or	14320
willful neglect of duty.	14321

The ~~governor~~board shall designate a member ~~of the board~~ to	14322
serve as chairperson of the board.	14323

The board shall meet at least once annually. The chairperson	14324
shall call special meetings as needed or upon the request of six	14325
members.	14326

Six members of the board constitute a quorum to transact and	14327
vote on all business coming before the board.	14328

Members of the board shall serve without compensation.

14329

The department of health shall provide the board with staff	14330
assistance as requested by the board.	14331

Sec. 3702.85. There is hereby created the dentist loan	14332
repayment program, which shall be administered by the department	14333
of health in cooperation with ~~the board of regents and~~ the dentist	14334
loan repayment advisory board. The program shall provide loan	14335
repayment on behalf of individuals who agree to provide dental	14336
services in areas designated as dental health resource shortage	14337
areas by the director of health pursuant to section 3702.87 of the	14338
Revised Code.	14339

Under the program, the ~~Ohio board~~department of ~~regents~~	14340
health, by means of a contract entered into under section 3702.91	14341
of the Revised Code, may agree to repay all or part of the	14342
principal and interest of a government or other educational loan	14343
taken by an individual for the following expenses incurred while	14344
the individual was enrolled in an accredited dental college or a	14345
dental college located outside of the United States that meets the	14346
standards of section 4715.11 of the Revised Code:	14347

(A) Tuition;

14348

(B) Other educational expenses, such as fees, books, and	14349
laboratory expenses that are for purposes and in amounts	14350
determined reasonable by the director of health;	14351

(C) Room and board, in an amount determined reasonable by the	14352
director of health.	14353

Sec. 3702.86. The director of health, in accordance with	14354
Chapter 119. of the Revised Code, shall adopt rules as necessary	14355
to implement and administer sections 3702.85 to 3702.95 of the	14356
Revised Code. In preparing rules, the director shall consult with	14357
~~the Ohio board of regents and~~ the dentist loan repayment advisory	14358
board.	14359

Sec. 3702.91. (A) An individual who has signed a letter of	14360
intent under section 3702.90 of the Revised Code may enter into a	14361
contract with the director of health ~~and the Ohio board of regents~~	14362
for participation in the dentist loan repayment program. A lending	14363
institution may also be a party to the contract.	14364

(B) The contract shall include all of the following	14365
obligations:	14366

(1) The individual agrees to provide dental services in the	14367
dental health resource shortage area identified in the letter of	14368
intent for at least one year.	14369

(2) When providing dental services in the dental health	14370
resource shortage area, the individual agrees to do all of the	14371
following:	14372

(a) Provide dental services for a minimum of forty hours per	14373
week;	14374

(b) Provide dental services without regard to a patient's	14375
ability to pay;	14376

(c) Meet the conditions prescribed by the "Social Security	14377
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	14378
department of job and family services for participation in the	14379
medicaid program established under Chapter 5111. of the Revised	14380
Code and enter into a contract with the department to provide	14381
dental services to medicaid recipients.	14382

(3) The ~~Ohio board of regents~~department of health agrees, as	14383
provided in section 3702.85 of the Revised Code, to repay, so long	14384
as the individual performs the service obligation agreed to under	14385
division (B)(1) of this section, all or part of the principal and	14386
interest of a government or other educational loan taken by the	14387
individual for expenses described in section 3702.85 of the	14388
Revised Code up to but not exceeding twenty thousand dollars per	14389
year of service.	14390

(4) The individual agrees to pay the ~~board~~department of	14391
health the following as damages if the individual fails to	14392
complete the service obligation agreed to under division (B)(1) of	14393
this section:	14394

(a) If the failure occurs during the first two years of the	14395
service obligation, three times the total amount the ~~board~~	14396
department has agreed to repay under division (B)(3) of this	14397
section;	14398

(b) If the failure occurs after the first two years of the	14399
service obligation, three times the amount the ~~board~~department is	14400
still obligated to repay under division (B)(3) of this section.	14401

(C) The contract may include any other terms agreed upon by	14402
the parties, including an assignment to the ~~Ohio board of regents~~	14403
department of health of the individual's duty to pay the principal	14404
and interest of a government or other educational loan taken by	14405
the individual for expenses described in section 3702.85 of the	14406
Revised Code. If the ~~board~~department assumes the individual's	14407
duty to pay a loan, the contract shall set forth the total amount	14408
of principal and interest to be paid, an amortization schedule,	14409
and the amount of each payment to be made under the schedule.	14410

(D) Not later than the thirty-first day of January of each	14411
year, the ~~Ohio board of regents~~department of health shall mail to	14412
each individual to whom or on whose behalf repayment is made under	14413
the dentist loan repayment program a statement showing the amount	14414
of principal and interest repaid by the ~~board~~department pursuant	14415
to the contract in the preceding year. The statement shall be sent	14416
by ordinary mail with address correction and forwarding requested	14417
in the manner prescribed by the United States postal service.	14418

Sec. 3702.93. The dentist loan repayment advisory board shall	14419
determine the amounts that will be paid as loan repayments on	14420
behalf of participants in the dentist loan repayment program. No	14421
repayment shall exceed twenty thousand dollars in any year, except	14422
that if a repayment results in an increase in the participant's	14423
federal, state, or local income tax liability, the ~~Ohio board of~~	14424
~~regents~~department of health, at the participant's request and	14425
with the approval of the director of health, may reimburse the	14426
participant for the increased tax liability, regardless of the	14427
amount of the repayment in that year. Total repayment on behalf of	14428
a participant shall not exceed eighty thousand dollars over the	14429
time of participation in the program.	14430

Sec. 3702.95. The director of health may accept gifts of	14431
money from any source for the implementation and administration of	14432
sections 3702.85 to 3702.93 of the Revised Code. ~~The Ohio board of~~	14433
~~regents may accept gifts of money from any source for~~	14434
~~implementation and administration of the dentist loan repayment~~	14435
~~program under sections 3702.85 and 3702.91 of the Revised Code.~~	14436

The director shall pay all gifts accepted under this section	14437
into the state treasury, to the credit of the dental health	14438
resource shortage area fund, which is hereby created~~. The board~~	14439
~~shall pay~~, and all ~~gifts accepted under this section, and~~ damages	14440
collected under division (B)(4) of section 3702.91 of the Revised	14441
Code, into the state treasury, to the credit of the dentist loan	14442
repayment fund, which is hereby created.	14443

The director shall use the dental health resource shortage	14444
area ~~fund~~and dentist loan repayment funds for the implementation	14445
and administration of sections 3702.85 ~~and 3702.87 to 3702.93~~to	14446
3702.95 of the Revised Code. ~~The board shall use the dentist loan~~	14447
~~repayment fund for the implementation and administration of the~~	14448
~~dentist loan repayment program under sections 3702.85 and 3702.91~~	14449
~~of the Revised Code.~~	14450

Sec. 3703.01. (A) Except as otherwise provided in this	14451
section, the division of industrial compliance in the department	14452
of commerce shall do all of the following:	14453

(1) Inspect all nonresidential buildings within the meaning	14454
of section 3781.06 of the Revised Code;	14455

(2) Condemn all unsanitary or defective plumbing that is	14456
found in connection with those places;	14457

(3) Order changes in plumbing necessary to insure the safety	14458
of the public health.	14459

(B)(1)(a) The division of industrial compliance, boards of	14460
health of city and general health districts, and county building	14461
departments shall not inspect plumbing or collect fees for	14462
inspecting plumbing in particular types of buildings in any	14463
municipal corporation that is certified by the board of building	14464
standards under section 3781.10 of the Revised Code to exercise	14465
enforcement authority for plumbing in those types of buildings.	14466

(b) The division shall not inspect plumbing or collect fees	14467
for inspecting plumbing in particular types of buildings in any	14468
health district that employs one or more plumbing inspectors	14469
certified pursuant to division (D) of this section to enforce	14470
Chapters 3781. and 3791. of the Revised Code and the rules adopted	14471
pursuant to those chapters relating to plumbing in those types of	14472
buildings.	14473

(c) The division shall not inspect plumbing or collect fees	14474
for inspecting plumbing in particular types of buildings in any	14475
health district where the county building department is	14476
authorized to inspect those types of buildings pursuant to a	14477
contract described in division (C)(1) of this section.	14478

(d) The division shall not inspect plumbing or collect fees	14479
for inspecting plumbing in particular types of buildings in any	14480
health district where the board of health has entered into a	14481
contract with the board of health of another district to conduct	14482
inspections pursuant to division (C)(2) of this section.	14483

(2) No county building department shall inspect plumbing or	14484
collect fees for inspecting plumbing in any type of building in a	14485
health district unless the department is authorized to inspect	14486
that type of building pursuant to a contract described in division	14487
(C)(1) of this section.	14488

(3) No municipal corporation shall inspect plumbing or	14489
collect fees for inspecting plumbing in types of buildings for	14490
which it is not certified by the board of building standards	14491
under section 3781.10 of the Revised Code to exercise enforcement	14492
authority.	14493

(4) No board of health of a health district shall inspect	14494
plumbing or collect fees for inspecting plumbing in types of	14495
buildings for which it does not have a plumbing inspector	14496
certified pursuant to division (D) of this section.	14497

(C)(1) The board of health of a health district may enter	14498
into a contract with a board of county commissioners to authorize	14499
the county building department to inspect plumbing in buildings	14500
within the health district. The contract may designate that the	14501
department inspect either residential or nonresidential buildings,	14502
as those terms are defined in section 3781.06 of the Revised Code,	14503
or both types of buildings, so long as the department employs or	14504
contracts with a plumbing inspector certified pursuant to	14505
division (D) of this section to inspect the types of buildings	14506
the contract designates. The board of health may enter into a	14507
contract regardless of whether the health district employs any	14508
certified plumbing inspectors to enforce Chapters 3781. and	14509
3791. of the Revised Code.	14510

(2) The board of health of a health district, regardless of	14511
whether it employs any certified plumbing inspectors to enforce	14512
Chapters 3781. and 3791. of the Revised Code, may enter into a	14513
contract with the board of health of another health district to	14514
authorize that board to inspect plumbing in buildings within the	14515
contracting board's district. The contract may designate the	14516
inspection of either residential or nonresidential buildings as	14517
defined in section 3781.06 of the Revised Code, or both types of	14518
buildings, so long as the board that performs the inspections	14519
employs a plumbing inspector certified pursuant to division (D) of	14520
this section to inspect the types of buildings the contract	14521
designates.	14522

(D) The superintendent of industrial compliance shall adopt	14523
rules prescribing minimum qualifications based on education,	14524
training, experience, or demonstrated ability, that the	14525
superintendent shall use in certifying or recertifying plumbing	14526
inspectors to do plumbing inspections for health districts and	14527
county building departments that are authorized to perform	14528
inspections pursuant to a contract under division (C)(1) of this	14529
section, and for continuing education of plumbing inspectors.	14530
Those minimum qualifications shall be related to the types of	14531
buildings for which a person seeks certification.	14532

(E) The superintendent may enter into reciprocal	14533
registration, licensure, or certification agreements with other	14534
states and other agencies of this state relative to plumbing	14535
inspectors if both of the following apply:	14536

(1) The requirements for registration, licensure, or	14537
certification of plumbing inspectors under the laws of the other	14538
state or laws administered by the other agency are substantially	14539
equal to the requirements the superintendent adopts under division	14540
(D) of this section for certifying plumbing inspectors.	14541

(2) The other state or agency extends similar reciprocity to	14542
persons certified under this chapter.	14543

(F) The superintendent may select and contract with one or	14544
more persons to do all of the following regarding examinations for	14545
certification of plumbing inspectors:	14546

(1) Prepare, administer, score, and maintain the	14547
confidentiality of the examination;	14548

(2) Maintain responsibility for all expenses required to	14549
comply with division (F)(1) of this section;	14550

(3) Charge each applicant a fee for administering the	14551
examination in an amount the superintendent authorizes;	14552

(4) Design the examination for certification of plumbing	14553
inspectors to determine an applicant's competence to inspect	14554
plumbing.	14555

(G) Standards and methods prescribed in local plumbing	14556
regulations shall not be less than those prescribed in Chapters	14557
3781. and 3791. of the Revised Code and the rules adopted pursuant	14558
to those chapters.	14559

(H) Notwithstanding any other provision of this section, the	14560
division shall make a plumbing inspection of any building or	14561
other place that there is reason to believe is in a condition to	14562
be a menace to the public health.	14563

Sec. 3734.821. ~~Beginning on the effective date of this~~	14564
~~section~~Beginning on the effective date of this amendment and	14565
ending on June 30, 2011, at least sixty-five per cent of the	14566
moneys collected under division (A)(2) of section 3734.901 of the	14567
Revised Code and deposited in the state treasury to the credit of	14568
the scrap tire management fund created in section 3734.82 of the	14569
Revised Code shall be expended for clean-up and removal activities	14570
at the ~~Kirby~~Goss tire site in ~~Wyandot~~Muskingum county or other	14571
tire sites in the state.	14572

Sec. 3735.67. (A) The owner of real property located in a	14573
community reinvestment area and eligible for exemption from	14574
taxation under a resolution adopted pursuant to section 3735.66 of	14575
the Revised Code may file an application for an exemption from	14576
real property taxation of a percentage of the assessed valuation	14577
of a new structure or remodeling, completed after the effective	14578
date of the resolution adopted pursuant to section 3735.66 of the	14579
Revised Code, with the housing officer designated pursuant to	14580
section 3735.66 of the Revised Code for the community reinvestment	14581
area in which the property is located. If any part of the new	14582
structure or remodeling that would be exempted is of real property	14583
to be used for commercial or industrial purposes, the legislative	14584
authority and the owner of the property shall enter into a written	14585
agreement pursuant to section 3735.671 of the Revised Code prior	14586
to commencement of construction or remodeling; if such an	14587
agreement is subject to approval by the board of education of the	14588
school district within the territory of which the property is or	14589
will be located, the agreement shall not be formally approved by	14590
the legislative authority until the board of education approves	14591
the agreement in the manner prescribed by that section.	14592

(B) The housing officer shall verify the construction of the	14593
new structure or the cost of the remodeling and the facts asserted	14594
in the application. The housing officer shall determine whether	14595
the construction or the cost of the remodeling meets the	14596
requirements for an exemption under this section. In cases	14597
involving a structure of historical or architectural significance,	14598
the housing officer shall not determine whether the remodeling	14599
meets the requirements for a tax exemption unless the	14600
appropriateness of the remodeling has been certified, in writing,	14601
by the society, association, agency, or legislative authority that	14602
has designated the structure or by any organization or person	14603
authorized, in writing, by such society, association, agency, or	14604
legislative authority to certify the appropriateness of the	14605
remodeling.	14606

(C) If the construction or remodeling meets the requirements	14607
for exemption, the housing officer shall forward the application	14608
to the county auditor with a certification as to the division of	14609
this section under which the exemption is granted, and the period	14610
and percentage of the exemption as determined by the legislative	14611
authority pursuant to that division. If the construction or	14612
remodeling is of commercial or industrial property and the	14613
legislative authority is not required to certify a copy of a	14614
resolution under section 3735.671 of the Revised Code, the housing	14615
officer shall comply with the notice requirements prescribed under	14616
section 5709.83 of the Revised Code, unless the board has adopted	14617
a resolution under that section waiving its right to receive such	14618
a notice.	14619

(D) Except as provided in division (F) of this section, the	14620
tax exemption shall first apply in the year the construction or	14621
remodeling would first be taxable but for this section. In the	14622
case of remodeling that qualifies for exemption, a percentage, not	14623
to exceed one hundred per cent, of the amount by which the	14624
remodeling increased the assessed value of the structure shall be	14625
exempted from real property taxation. In the case of construction	14626
of a structure that qualifies for exemption, a percentage, not to	14627
exceed one hundred per cent, of the assessed value of the	14628
structure shall be exempted from real property taxation. In either	14629
case, the percentage shall be the percentage set forth in the	14630
agreement if the structure or remodeling is to be used for	14631
commercial or industrial purposes, or the percentage set forth in	14632
the resolution describing the community reinvestment area if the	14633
structure or remodeling is to be used for residential purposes.	14634

The construction of new structures and the remodeling of	14635
existing structures are hereby declared to be a public purpose for	14636
which exemptions from real property taxation may be granted for	14637
the following periods:	14638

(1) For every dwelling containing not more than two family	14639
units located within the same community reinvestment area and upon	14640
which the cost of remodeling is at least two thousand five hundred	14641
dollars, a period to be determined by the legislative authority	14642
adopting the resolution describing the community reinvestment area	14643
where the dwelling is located, but not exceeding ten years unless	14644
extended pursuant to division (D)(3) of this section;	14645

(2) For every dwelling containing more than two units and	14646
commercial or industrial properties, located within the same	14647
community reinvestment area, upon which the cost of remodeling is	14648
at least five thousand dollars, a period to be determined by the	14649
legislative authority adopting the resolution, but not exceeding	14650
twelve years unless extended pursuant to division (D)(3) of this	14651
section;	14652

(3) The period of exemption for a dwelling described in	14653
division (D)(1) or (2) of this section may be extended by a	14654
legislative authority for up to an additional ten years if the	14655
dwelling is a structure of historical or architectural	14656
significance, is a certified historic structure that has been	14657
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	14658
and units within the structure have been leased to individual	14659
tenants for five consecutive years;	14660

(4) Except as provided in division (F) of this section, for	14661
construction of every dwelling, and commercial or industrial	14662
structure located within the same community reinvestment area, a	14663
period to be determined by the legislative authority adopting the	14664
resolution, but not exceeding fifteen years.	14665

(E) Any person, board, or officer authorized by section	14666
5715.19 of the Revised Code to file complaints with the county	14667
board of revision may file a complaint with the housing officer	14668
challenging the continued exemption of any property granted an	14669
exemption under this section. A complaint against exemption shall	14670
be filed prior to the thirty-first day of December of the tax year	14671
for which taxation of the property is requested. The housing	14672
officer shall determine whether the property continues to meet the	14673
requirements for exemption and shall certify the housing officer's	14674
findings to the complainant. If the housing officer determines	14675
that the property does not meet the requirements for exemption,	14676
the housing officer shall notify the county auditor, who shall	14677
correct the tax list and duplicate accordingly.	14678

(F) The owner of a dwelling constructed in a community	14679
reinvestment area may file an application for an exemption after	14680
the year the construction first became subject to taxation. The	14681
application shall be processed in accordance with the procedures	14682
prescribed under this section and shall be granted if the	14683
construction that is the subject of the application otherwise	14684
meets the requirements for an exemption under this section. If	14685
approved, the exemption sought in the application first applies in	14686
the year the application is filed. An exemption approved pursuant	14687
to this division continues only for those years remaining in the	14688
period described in division (D)~~(3)~~(4) of this section. No	14689
exemption may be claimed for any year in that period that precedes	14690
the year in which the application is filed.	14691

Sec. 3743.02. (A) Any person who wishes to manufacture	14692
fireworks in this state shall submit to the fire marshal an	14693
application for licensure as a manufacturer of fireworks before	14694
the first day of October of each year. The application shall be	14695
submitted prior to the operation of a fireworks plant, shall be on	14696
a form prescribed by the fire marshal, shall contain all	14697
information required by this section or requested by the fire	14698
marshal, and shall be accompanied by the license fee,	14699
fingerprints, and proof of insurance coverage described in	14700
division (B) of this section.	14701

The fire marshal shall prescribe a form for applications for	14702
licensure as a manufacturer of fireworks and make a copy of the	14703
form available, upon request, to persons who seek that licensure.	14704

(B) An applicant for licensure as a manufacturer of fireworks	14705
shall submit with the application all of the following:	14706

(1) A license fee of two thousand seven hundred fifty	14707
dollars, which the fire marshal shall use to pay for fireworks	14708
safety education, training programs, and inspections. If the	14709
applicant has any storage locations approved in accordance with	14710
division (I) of section 3743.04 of the Revised Code, the applicant	14711
also shall submit a fee of one hundred dollars per storage	14712
location for the inspection of each storage location.	14713

(2) Proof of comprehensive general liability insurance	14714
coverage, specifically including fire and smoke casualty on	14715
premises and products, in an amount not less than one million	14716
dollars for each occurrence for bodily injury liability and	14717
wrongful death liability at the fireworks plant. All applicants	14718
shall submit evidence of comprehensive general liability insurance	14719
coverage verified by the insurer and certified as to its provision	14720
of the minimum coverage required under this division.	14721

(3) One ~~complete~~ set of the applicant's fingerprints or	14722
similar identifying information and a ~~complete~~ set of fingerprints	14723
or similar identifying information of any individual holding,	14724
owning, or controlling a five per cent or greater beneficial or	14725
equity interest in the applicant for the license. The fire marshal	14726
may adopt rules in accordance with Chapter 119. of the Revised	14727
Code specifying the method to be used by the applicant to provide	14728
the fingerprint or similar identifying information, fees to be	14729
assessed by the fire marshal to conduct such background checks,	14730
and the procedures to be used by the fire marshal to verify	14731
compliance with this section. Such rules may include provisions	14732
establishing the frequency that license renewal applicants must	14733
update background check information filed by the applicant with	14734
previous license applications and provisions describing	14735
alternative forms of background check information that may be	14736
accepted by the fire marshal to verify compliance with this	14737
section.	14738

(C) A separate application for licensure as a manufacturer of	14739
fireworks shall be submitted for each fireworks plant that a	14740
person wishes to operate in this state.	14741

(D) If an applicant intends to include the processing of	14742
fireworks as any part of its proposed manufacturing of fireworks,	14743
a statement indicating that intent shall be included in its	14744
application for licensure.	14745

Sec. 3743.04. (A) The license of a manufacturer of fireworks	14746
is effective for one year beginning on the first day of December.	14747
The fire marshal shall issue or renew a license only on that date	14748
and at no other time. If a manufacturer of fireworks wishes to	14749
continue manufacturing fireworks at the designated fireworks plant	14750
after its then effective license expires, it shall apply no later	14751
than the first day of October for a new license pursuant to	14752
section 3743.02 of the Revised Code. The fire marshal shall send a	14753
written notice of the expiration of its license to a licensed	14754
manufacturer at least three months before the expiration date.	14755

(B) If, during the effective period of its licensure, a	14756
licensed manufacturer of fireworks wishes to construct, locate, or	14757
relocate any buildings or other structures on the premises of its	14758
fireworks plant, to make any structural change or renovation in	14759
any building or other structure on the premises of its fireworks	14760
plant, or to change the nature of its manufacturing of fireworks	14761
so as to include the processing of fireworks, the manufacturer	14762
shall notify the fire marshal in writing. The fire marshal may	14763
require a licensed manufacturer also to submit documentation,	14764
including, but not limited to, plans covering the proposed	14765
construction, location, relocation, structural change or	14766
renovation, or change in manufacturing of fireworks, if the fire	14767
marshal determines the documentation is necessary for evaluation	14768
purposes in light of the proposed construction, location,	14769
relocation, structural change or renovation, or change in	14770
manufacturing of fireworks.	14771

Upon receipt of the notification and additional documentation	14772
required by the fire marshal, the fire marshal shall inspect the	14773
premises of the fireworks plant to determine if the proposed	14774
construction, location, relocation, structural change or	14775
renovation, or change in manufacturing of fireworks conforms to	14776
sections 3743.02 to 3743.08 of the Revised Code and the rules	14777
adopted by the fire marshal pursuant to section 3743.05 of the	14778
Revised Code. The fire marshal shall issue a written authorization	14779
to the manufacturer for the construction, location, relocation,	14780
structural change or renovation, or change in manufacturing of	14781
fireworks if the fire marshal determines, upon the inspection and	14782
a review of submitted documentation, that the construction,	14783
location, relocation, structural change or renovation, or change	14784
in manufacturing of fireworks conforms to those sections and	14785
rules. Upon authorizing a change in manufacturing of fireworks to	14786
include the processing of fireworks, the fire marshal shall make	14787
notations on the manufacturer's license and in the list of	14788
licensed manufacturers in accordance with section 3743.03 of the	14789
Revised Code.	14790

On or before June 1, 1998, a licensed manufacturer shall	14791
install, in every licensed building in which fireworks are	14792
manufactured, stored, or displayed and to which the public has	14793
access, interlinked fire detection, smoke exhaust, and smoke	14794
evacuation systems that are approved by the superintendent of the	14795
division of industrial compliance, and shall comply with floor	14796
plans showing occupancy load limits and internal circulation and	14797
egress patterns that are approved by the fire marshal and	14798
superintendent, and that are submitted under seal as required by	14799
section 3791.04 of the Revised Code. Notwithstanding section	14800
3743.59 of the Revised Code, the construction and safety	14801
requirements established in this division are not subject to any	14802
variance, waiver, or exclusion.	14803

(C) The license of a manufacturer of fireworks authorizes the	14804
manufacturer to engage only in the following activities:	14805

(1) The manufacturing of fireworks on the premises of the	14806
fireworks plant as described in the application for licensure or	14807
in the notification submitted under division (B) of this section,	14808
except that a licensed manufacturer shall not engage in the	14809
processing of fireworks unless authorized to do so by its license.	14810

(2) To possess for sale at wholesale and sell at wholesale	14811
the fireworks manufactured by the manufacturer, to persons who are	14812
licensed wholesalers of fireworks, to out-of-state residents in	14813
accordance with section 3743.44 of the Revised Code, to residents	14814
of this state in accordance with section 3743.45 of the Revised	14815
Code, or to persons located in another state provided the	14816
fireworks are shipped directly out of this state to them by the	14817
manufacturer. A person who is licensed as a manufacturer of	14818
fireworks on June 14, 1988, also may possess for sale and sell	14819
pursuant to division (C)(2) of this section fireworks other than	14820
those the person manufactures. The possession for sale shall be on	14821
the premises of the fireworks plant described in the application	14822
for licensure or in the notification submitted under division (B)	14823
of this section, and the sale shall be from the inside of a	14824
licensed building and from no other structure or device outside a	14825
licensed building. At no time shall a licensed manufacturer sell	14826
any class of fireworks outside a licensed building.	14827

(3) Possess for sale at retail and sell at retail the	14828
fireworks manufactured by the manufacturer, other than 1.4G	14829
fireworks as designated by the fire marshal in rules adopted	14830
pursuant to division (A) of section 3743.05 of the Revised Code,	14831
to licensed exhibitors in accordance with sections 3743.50 to	14832
3743.55 of the Revised Code, and possess for sale at retail and	14833
sell at retail the fireworks manufactured by the manufacturer,	14834
including 1.4G fireworks, to out-of-state residents in accordance	14835
with section 3743.44 of the Revised Code, to residents of this	14836
state in accordance with section 3743.45 of the Revised Code, or	14837
to persons located in another state provided the fireworks are	14838
shipped directly out of this state to them by the manufacturer. A	14839
person who is licensed as a manufacturer of fireworks on June 14,	14840
1988, may also possess for sale and sell pursuant to division	14841
(C)(3) of this section fireworks other than those the person	14842
manufactures. The possession for sale shall be on the premises of	14843
the fireworks plant described in the application for licensure or	14844
in the notification submitted under division (B) of this section,	14845
and the sale shall be from the inside of a licensed building and	14846
from no other structure or device outside a licensed building. At	14847
no time shall a licensed manufacturer sell any class of fireworks	14848
outside a licensed building.	14849

A licensed manufacturer of fireworks shall sell under	14850
division (C) of this section only fireworks that meet the	14851
standards set by the consumer product safety commission or by the	14852
American fireworks standard laboratories or that have received an	14853
EX number from the United States department of transportation.	14854

(D) The license of a manufacturer of fireworks shall be	14855
protected under glass and posted in a conspicuous place on the	14856
premises of the fireworks plant. Except as otherwise provided in	14857
this division, the license is not transferable or assignable. A	14858
license may be transferred to another person for the same	14859
fireworks plant for which the license was issued if the assets of	14860
the plant are transferred to that person by inheritance or by a	14861
sale approved by the fire marshal. The license is subject to	14862
revocation in accordance with section 3743.08 of the Revised Code.	14863

(E) The fire marshal shall not place the license of a	14864
manufacturer of fireworks in a temporarily inactive status while	14865
the holder of the license is attempting to qualify to retain the	14866
license.	14867

(F) Each licensed manufacturer of fireworks that possesses	14868
fireworks for sale and sells fireworks under division (C) of	14869
section 3743.04 of the Revised Code, or a designee of the	14870
manufacturer, whose identity is provided to the fire marshal by	14871
the manufacturer, annually shall attend a continuing education	14872
program ~~consisting of not less than eight hours of instruction~~.	14873
The fire marshal shall develop the program and the fire marshal or	14874
a person or public agency approved by the fire marshal shall	14875
conduct it. A licensed manufacturer or the manufacturer's designee	14876
who attends a program as required under this division, within one	14877
year after attending the program, shall conduct in-service	14878
training as approved by the fire marshal for other employees of	14879
the licensed manufacturer regarding the information obtained in	14880
the program. A licensed manufacturer shall provide the fire	14881
marshal with notice of the date, time, and place of all in-service	14882
training ~~not less than thirty days prior to an in-service training~~	14883
~~event~~. For any program conducted under this division, the fire	14884
marshal shall, in accordance with rules adopted by the fire	14885
marshal under Chapter 119. of the Revised Code, establish the	14886
subjects to be taught, the length of classes, the standards for	14887
approval, and time periods for notification by the licensee to the	14888
state fire marshal of any in-service training.	14889

(G) A licensed manufacturer shall maintain comprehensive	14890
general liability insurance coverage in the amount and type	14891
specified under division (B)(2) of section 3743.02 of the Revised	14892
Code at all times. Each policy of insurance required under this	14893
division shall contain a provision requiring the insurer to give	14894
not less than fifteen days' prior written notice to the fire	14895
marshal before termination, lapse, or cancellation of the policy,	14896
or any change in the policy that reduces the coverage below the	14897
minimum required under this division. Prior to canceling or	14898
reducing the amount of coverage of any comprehensive general	14899
liability insurance coverage required under this division, a	14900
licensed manufacturer shall secure supplemental insurance in an	14901
amount and type that satisfies the requirements of this division	14902
so that no lapse in coverage occurs at any time. A licensed	14903
manufacturer who secures supplemental insurance shall file	14904
evidence of the supplemental insurance with the fire marshal prior	14905
to canceling or reducing the amount of coverage of any	14906
comprehensive general liability insurance coverage required under	14907
this division.	14908

(H) The fire marshal shall adopt rules for the expansion or	14909
contraction of a licensed premises and for approval of such	14910
expansions or contractions. The boundaries of a licensed premises,	14911
including any geographic expansion or contraction of those	14912
boundaries, shall be approved by the fire marshal in accordance	14913
with rules the fire marshal adopts. If the licensed premises	14914
consists of more than one parcel of real estate, those parcels	14915
shall be contiguous unless an exception is allowed pursuant to	14916
division (I) of this section.	14917

(I)(1) A licensed manufacturer may expand its licensed	14918
premises within this state to include not more than two storage	14919
locations that are located upon one or more real estate parcels	14920
that are noncontiguous to the licensed premises as that licensed	14921
premises exists on the date a licensee submits an application as	14922
described below, if all of the following apply:	14923

(a) The licensee submits an application to the fire marshal	14924
and an application fee of one hundred dollars per storage location	14925
for which the licensee is requesting approval.	14926

(b) The identity of the holder of the license remains the	14927
same at the storage location.	14928

(c) The storage location has received a valid certificate of	14929
zoning compliance as applicable and a valid certificate of	14930
occupancy for each building or structure at the storage location	14931
issued by the authority having jurisdiction to issue the	14932
certificate for the storage location, and those certificates	14933
permit the distribution and storage of fireworks regulated under	14934
this chapter at the storage location and in the buildings or	14935
structures. The storage location shall be in compliance with all	14936
other applicable federal, state, and local laws and regulations.	14937

(d) Every building or structure located upon the storage	14938
location is separated from occupied residential and nonresidential	14939
buildings or structures, railroads, highways, or any other	14940
buildings or structures on the licensed premises in accordance	14941
with the distances specified in the rules adopted by the fire	14942
marshal pursuant to section 3743.05 of the Revised Code.	14943

(e) Neither the licensee nor any person holding, owning, or	14944
controlling a five per cent or greater beneficial or equity	14945
interest in the licensee has been convicted of or pleaded guilty	14946
to a felony under the laws of this state, any other state, or the	14947
United States, after ~~the effective date of this amendment~~	14948
September 29, 2005.	14949

(f) The fire marshal approves the application for expansion.

14950

(2) The fire marshal shall approve an application for	14951
expansion requested under division (I)(1) of this section if the	14952
fire marshal receives the application fee and proof that the	14953
requirements of divisions (I)(1)(b) to (e) of this section are	14954
satisfied. The storage location shall be considered part of the	14955
original licensed premises and shall use the same distinct number	14956
assigned to the original licensed premises with any additional	14957
designations as the fire marshal deems necessary in accordance	14958
with section 3743.03 of the Revised Code.	14959

(J)(1) A licensee who obtains approval for the use of a	14960
storage location in accordance with division (I) of this section	14961
shall use the storage location exclusively for the following	14962
activities, in accordance with division (C) of this section:	14963

(a) The packaging, assembling, or storing of fireworks, which	14964
shall only occur in buildings,or structures~~, or trailers~~ approved	14965
for such hazardous uses by the building code official having	14966
jurisdiction for the storage location ~~and~~or, for 1.4G fireworks,	14967
in containers or trailers approved for such hazardous uses by the	14968
fire marshal if such containers or trailers are not subject to	14969
regulation by the building code adopted in accordance with Chapter	14970
3781. of the Revised Code. All such storage shall be in accordance	14971
with the rules adopted by the fire marshal under division (G) of	14972
section 3743.05 of the Revised Code for the packaging, assembling,	14973
and storage of fireworks.	14974

(b) Distributing fireworks to other parcels of real estate	14975
located on the manufacturer's licensed premises, to licensed	14976
wholesalers or other licensed manufacturers in this state or to	14977
similarly licensed persons located in another state or country;	14978

(c) Distributing fireworks to a licensed exhibitor of	14979
fireworks pursuant to a properly issued permit in accordance with	14980
section 3743.54 of the Revised Code.	14981

(2) A licensed manufacturer shall not engage in any sales	14982
activity, including the retail sale of fireworks otherwise	14983
permitted under division (C)(2) or (C)(3) of this section, or	14984
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	14985
storage location approved under this section.	14986

(3) A storage location may not be relocated for a minimum	14987
period of five years after the storage location is approved by the	14988
fire marshal in accordance with division (I) of this section.	14989

(K) The licensee shall prohibit public access to the storage	14990
location. The fire marshal shall adopt rules to describe the	14991
acceptable measures a manufacturer shall use to prohibit access to	14992
the storage site.	14993

Sec. 3743.15. (A) Except as provided in division (C) of this	14994
section, any person who wishes to be a wholesaler of fireworks in	14995
this state shall submit to the fire marshal an application for	14996
licensure as a wholesaler of fireworks before the first day of	14997
October of each year. The application shall be submitted prior to	14998
commencement of business operations, shall be on a form prescribed	14999
by the fire marshal, shall contain all information requested by	15000
the fire marshal, and shall be accompanied by the license fee,	15001
fingerprints, and proof of insurance coverage described in	15002
division (B) of this section.	15003

The fire marshal shall prescribe a form for applications for	15004
licensure as a wholesaler of fireworks and make a copy of the form	15005
available, upon request, to persons who seek that licensure.	15006

(B) An applicant for licensure as a wholesaler of fireworks	15007
shall submit with the application all of the following:	15008

(1) A license fee of two thousand seven hundred fifty	15009
dollars, which the fire marshal shall use to pay for fireworks	15010
safety education, training programs, and inspections. If the	15011
applicant has any storage locations approved in accordance with	15012
division (G) of section 3743.17 of the Revised Code, the applicant	15013
also shall submit a fee of one hundred dollars per storage	15014
location for the inspection of each storage location.	15015

(2) Proof of comprehensive general liability insurance	15016
coverage, specifically including fire and smoke casualty on	15017
premises, in an amount not less than one million dollars for each	15018
occurrence for bodily injury liability and wrongful death	15019
liability at its business location. Proof of such insurance	15020
coverage shall be submitted together with proof of coverage for	15021
products liability on all inventory located at the business	15022
location. All applicants shall submit evidence of comprehensive	15023
general liability insurance coverage verified by the insurer and	15024
certified as to its provision of the minimum coverage required	15025
under this division.	15026

(3) One ~~complete~~ set of the applicant's fingerprints or	15027
similar identifying information and a ~~complete~~ set of fingerprints	15028
or similar identifying information of any individual holding,	15029
owning, or controlling a five per cent or greater beneficial or	15030
equity interest in the applicant for the license. The fire marshal	15031
may adopt rules in accordance with Chapter 119. of the Revised	15032
Code specifying the method to be used by the applicant to provide	15033
the fingerprint or similar identifying information, fees to be	15034
assessed by the fire marshal to conduct such background checks,	15035
and the procedures to be used by the fire marshal to verify	15036
compliance with this section. Such rules may include provisions	15037
establishing the frequency that license renewal applicants must	15038
update background check information filed by the applicant with	15039
previous license applications and provisions describing	15040
alternative forms of background check information that may be	15041
accepted by the fire marshal to verify compliance with this	15042
section.	15043

(C) A licensed manufacturer of fireworks is not required to	15044
apply for and obtain a wholesaler of fireworks license in order to	15045
engage in the wholesale sale of fireworks as authorized by	15046
division (C)(2) of section 3743.04 of the Revised Code. A business	15047
which is not a licensed manufacturer of fireworks may engage in	15048
the wholesale and retail sale of fireworks in the same manner as a	15049
licensed manufacturer of fireworks is authorized to do under this	15050
chapter without the necessity of applying for and obtaining a	15051
license pursuant to this section, but only if the business sells	15052
the fireworks on the premises of a fireworks plant covered by a	15053
license issued under section 3743.03 of the Revised Code and the	15054
holder of that license owns at least a majority interest in that	15055
business. However, if a licensed manufacturer of fireworks wishes	15056
to engage in the wholesale sale of fireworks in this state at a	15057
location other than the premises of the fireworks plant described	15058
in its application for licensure as a manufacturer or in a	15059
notification submitted under division (B) of section 3743.04 of	15060
the Revised Code, the manufacturer shall first apply for and	15061
obtain a wholesaler of fireworks license before engaging in	15062
wholesale sales of fireworks at the other location.	15063

(D) A separate application for licensure as a wholesaler of	15064
fireworks shall be submitted for each location at which a person	15065
wishes to engage in wholesale sales of fireworks.	15066

Sec. 3743.17. (A) The license of a wholesaler of fireworks	15067
is effective for one year beginning on the first day of December.	15068
The fire marshal shall issue or renew a license only on that date	15069
and at no other time. If a wholesaler of fireworks wishes to	15070
continue engaging in the wholesale sale of fireworks at the	15071
particular location after its then effective license expires, it	15072
shall apply not later than the first day of October for a new	15073
license pursuant to section 3743.15 of the Revised Code. The fire	15074
marshal shall send a written notice of the expiration of its	15075
license to a licensed wholesaler at least three months before the	15076
expiration date.	15077

(B) If, during the effective period of its licensure, a	15078
licensed wholesaler of fireworks wishes to perform any	15079
construction, or make any structural change or renovation, on the	15080
premises on which the fireworks are sold, the wholesaler shall	15081
notify the fire marshal in writing. The fire marshal may require a	15082
licensed wholesaler also to submit documentation, including, but	15083
not limited to, plans covering the proposed construction or	15084
structural change or renovation, if the fire marshal determines	15085
the documentation is necessary for evaluation purposes in light of	15086
the proposed construction or structural change or renovation.	15087

Upon receipt of the notification and additional documentation	15088
required by the fire marshal, the fire marshal shall inspect the	15089
premises on which the fireworks are sold to determine if the	15090
proposed construction or structural change or renovation conforms	15091
to sections 3743.15 to 3743.21 of the Revised Code and the rules	15092
adopted by the fire marshal pursuant to section 3743.18 of the	15093
Revised Code. The fire marshal shall issue a written authorization	15094
to the wholesaler for the construction or structural change or	15095
renovation if the fire marshal determines, upon the inspection and	15096
a review of submitted documentation, that the construction or	15097
structural change or renovation conforms to those sections and	15098
rules.	15099

(C) The license of a wholesaler of fireworks authorizes the	15100
wholesaler to engage only in the following activities:	15101

(1) Possess for sale at wholesale and sell at wholesale	15102
fireworks to persons who are licensed wholesalers of fireworks, to	15103
out-of-state residents in accordance with section 3743.44 of the	15104
Revised Code, to residents of this state in accordance with	15105
section 3743.45 of the Revised Code, or to persons located in	15106
another state provided the fireworks are shipped directly out of	15107
this state to them by the wholesaler. The possession for sale	15108
shall be at the location described in the application for	15109
licensure or in the notification submitted under division (B) of	15110
this section, and the sale shall be from the inside of a licensed	15111
building and from no structure or device outside a licensed	15112
building. At no time shall a licensed wholesaler sell any class of	15113
fireworks outside a licensed building.	15114

(2) Possess for sale at retail and sell at retail fireworks,	15115
other than 1.4G fireworks as designated by the fire marshal in	15116
rules adopted pursuant to division (A) of section 3743.05 of the	15117
Revised Code, to licensed exhibitors in accordance with sections	15118
3743.50 to 3743.55 of the Revised Code, and possess for sale at	15119
retail and sell at retail fireworks, including 1.4G fireworks, to	15120
out-of-state residents in accordance with section 3743.44 of the	15121
Revised Code, to residents of this state in accordance with	15122
section 3743.45 of the Revised Code, or to persons located in	15123
another state provided the fireworks are shipped directly out of	15124
this state to them by the wholesaler. The possession for sale	15125
shall be at the location described in the application for	15126
licensure or in the notification submitted under division (B) of	15127
this section, and the sale shall be from the inside of the	15128
licensed building and from no other structure or device outside	15129
this licensed building. At no time shall a licensed wholesaler	15130
sell any class of fireworks outside a licensed building.	15131

A licensed wholesaler of fireworks shall sell under division	15132
(C) of this section only fireworks that meet the standards set by	15133
the consumer product safety commission or by the American	15134
fireworks standard laboratories or that have received an EX number	15135
from the United States department of transportation.	15136

(D) The license of a wholesaler of fireworks shall be	15137
protected under glass and posted in a conspicuous place at the	15138
location described in the application for licensure or in the	15139
notification submitted under division (B) of this section. Except	15140
as otherwise provided in this section, the license is not	15141
transferable or assignable. A license may be transferred to	15142
another person for the same location for which the license was	15143
issued if the assets of the wholesaler are transferred to that	15144
person by inheritance or by a sale approved by the fire marshal.	15145
The license is subject to revocation in accordance with section	15146
3743.21 of the Revised Code.	15147

(E) The fire marshal shall adopt rules for the expansion or	15148
contraction of a licensed premises and for the approval of an	15149
expansion or contraction. The boundaries of a licensed premises,	15150
including any geographic expansion or contraction of those	15151
boundaries, shall be approved by the fire marshal in accordance	15152
with rules the fire marshal adopts. If the licensed premises of a	15153
licensed wholesaler from which the wholesaler operates consists of	15154
more than one parcel of real estate, those parcels must be	15155
contiguous, unless an exception is allowed pursuant to division	15156
(G) of this section.	15157

(F)(1) Upon application by a licensed wholesaler of	15158
fireworks, a wholesaler license may be transferred from one	15159
geographic location to another within the same municipal	15160
corporation or within the unincorporated area of the same	15161
township, but only if all of the following apply:	15162

(a) The identity of the holder of the license remains the	15163
same in the new location.	15164

(b) The former location is closed prior to the opening of the	15165
new location and no fireworks business of any kind is conducted at	15166
the former location after the transfer of the license.	15167

(c) The new location has received a local certificate of	15168
zoning compliance and a local certificate of occupancy, and	15169
otherwise is in compliance with all local building regulations.	15170

(d) ~~The transfer of the license is requested by the licensee~~	15171
~~because the existing facility poses an immediate hazard to the~~	15172
~~public.~~	15173

~~(e)~~ Every building or structure at the new location is	15174
separated from occupied residential and nonresidential buildings	15175
or structures, railroads, highways, or any other buildings or	15176
structures located on the licensed premises in accordance with the	15177
distances specified in the rules adopted by the fire marshal	15178
pursuant to section 3743.18 of the Revised Code. If the licensee	15179
fails to comply with the requirements of division (F)(1)~~(e)~~(d) of	15180
this section by the licensee's own act, the license at the new	15181
location is forfeited.	15182

~~(f)~~(e) Neither the licensee nor any person holding, owning,	15183
or controlling a five per cent or greater beneficial or equity	15184
interest in the licensee has been convicted of or has pleaded	15185
guilty to a felony under the laws of this state, any other state,	15186
or the United States after June 30, 1997.	15187

~~(g)~~(f) The fire marshal approves the request for the	15188
transfer.	15189

(2) The new location shall comply with the requirements	15190
specified in divisions ~~(A)~~(C)(1) and (2) of section 3743.25 of the	15191
Revised Code whether or not the fireworks showroom at the new	15192
location is constructed, expanded, or first begins operating on	15193
and after June 30, 1997.	15194

(G)(1) A licensed wholesaler may expand its licensed premises	15195
within this state to include not more than two storage locations	15196
that are located upon one or more real estate parcels that are	15197
noncontiguous to the licensed premises as that licensed premises	15198
exists on the date a licensee submits an application as described	15199
below, if all of the following apply:	15200

(a) The licensee submits an application to the fire marshal	15201
requesting the expansion and an application fee of one hundred	15202
dollars per storage location for which the licensee is requesting	15203
approval.	15204

(b) The identity of the holder of the license remains the	15205
same at the storage location.	15206

(c) The storage location has received a valid certificate of	15207
zoning compliance, as applicable, and a valid certificate of	15208
occupancy for each building or structure at the storage location	15209
issued by the authority having jurisdiction to issue the	15210
certificate for the storage location, and those certificates	15211
permit the distribution and storage of fireworks regulated under	15212
this chapter at the storage location and in the buildings or	15213
structures. The storage location shall be in compliance with all	15214
other applicable federal, state, and local laws and regulations.	15215

(d) Every building or structure located upon the storage	15216
location is separated from occupied residential and nonresidential	15217
buildings or structures, railroads, highways, and any other	15218
buildings or structures on the licensed premises in accordance	15219
with the distances specified in the rules adopted by the fire	15220
marshal pursuant to section 3743.18 of the Revised Code.	15221

(e) Neither the licensee nor any person holding, owning, or	15222
controlling a five per cent or greater beneficial or equity	15223
interest in the licensee has been convicted of or pleaded guilty	15224
to a felony under the laws of this state, any other state, or the	15225
United States, after ~~the effective date of this amendment~~	15226
September 29, 2005.	15227

(f) The fire marshal approves the application for expansion.

15228

(2) The fire marshal shall approve an application for	15229
expansion requested under division (G)(1) of this section if the	15230
fire marshal receives the application fee and proof that the	15231
requirements of divisions (G)(1)(b) to (e) of this section are	15232
satisfied. The storage location shall be considered part of the	15233
original licensed premises and shall use the same distinct number	15234
assigned to the original licensed premises with any additional	15235
designations as the fire marshal deems necessary in accordance	15236
with section 3743.16 of the Revised Code.	15237

(H)(1) A licensee who obtains approval for use of a storage	15238
location in accordance with division (G) of this section shall use	15239
the site exclusively for the following activities, in accordance	15240
with division (C)(1) of this section:	15241

(a) Packaging, assembling, or storing fireworks, which shall	15242
occur only in buildings or structures approved for such hazardous	15243
uses by the building code official having jurisdiction for the	15244
storage location ~~and~~or, for 1.4G fireworks, in containers or	15245
trailers approved for such hazardous uses by the fire marshal if	15246
such containers or trailers are not subject to regulation by the	15247
building code adopted in accordance with Chapter 3781. of the	15248
Revised Code. All such storage shall be in accordance with the	15249
rules adopted by the fire marshal under division (B)(4) of section	15250
3743.18 of the Revised Code for the packaging, assembling, and	15251
storage of fireworks.	15252

(b) Distributing fireworks to other parcels of real estate	15253
located on the wholesaler's licensed premises, to licensed	15254
manufacturers or other licensed wholesalers in this state or to	15255
similarly licensed persons located in another state or country;	15256

(c) Distributing fireworks to a licensed exhibitor of	15257
fireworks pursuant to a properly issued permit in accordance with	15258
section 3743.54 of the Revised Code.	15259

(2) A licensed wholesaler shall not engage in any sales	15260
activity, including the retail sale of fireworks otherwise	15261
permitted under division (C)(2) of this section or pursuant to	15262
section 3743.44 or 3743.45 of the Revised Code, at a storage	15263
location approved under this section.	15264

(3) A storage location may not be relocated for a minimum	15265
period of five years after the storage location is approved by the	15266
fire marshal in accordance with division (G) of this section.	15267

(I) A licensee shall prohibit public access to all storage	15268
locations it uses. The fire marshal shall adopt rules establishing	15269
acceptable measures a wholesaler shall use to prohibit access to	15270
storage sites.	15271

(J) The fire marshal shall not place the license of a	15272
wholesaler of fireworks in temporarily inactive status while the	15273
holder of the license is attempting to qualify to retain the	15274
license.	15275

(K) Each licensed wholesaler of fireworks or a designee of	15276
the wholesaler, whose identity is provided to the fire marshal by	15277
the wholesaler, annually shall attend a continuing education	15278
program ~~consisting of not less than eight hours of instruction~~.	15279
The fire marshal shall develop the program and the fire marshal or	15280
a person or public agency approved by the fire marshal shall	15281
conduct it. A licensed wholesaler or the wholesaler's designee who	15282
attends a program as required under this division, within one year	15283
after attending the program, shall conduct in-service training as	15284
approved by the fire marshal for other employees of the licensed	15285
wholesaler regarding the information obtained in the program. A	15286
licensed wholesaler shall provide the fire marshal with notice of	15287
the date, time, and place of all in-service training ~~not less than~~	15288
~~thirty days prior to an in-service training event~~. For any program	15289
conducted under this division, the fire marshal shall, in	15290
accordance with rules adopted by the fire marshal under Chapter	15291
119. of the Revised Code, establish the subjects to be taught, the	15292
length of classes, the standards for approval, and time periods	15293
for notification by the licensee to the state fire marshal of any	15294
in-service training.	15295

(L) A licensed wholesaler shall maintain comprehensive	15296
general liability insurance coverage in the amount and type	15297
specified under division (B)(2) of section 3743.15 of the Revised	15298
Code at all times. Each policy of insurance required under this	15299
division shall contain a provision requiring the insurer to give	15300
not less than fifteen days' prior written notice to the fire	15301
marshal before termination, lapse, or cancellation of the policy,	15302
or any change in the policy that reduces the coverage below the	15303
minimum required under this division. Prior to canceling or	15304
reducing the amount of coverage of any comprehensive general	15305
liability insurance coverage required under this division, a	15306
licensed wholesaler shall secure supplemental insurance in an	15307
amount and type that satisfies the requirements of this division	15308
so that no lapse in coverage occurs at any time. A licensed	15309
wholesaler who secures supplemental insurance shall file evidence	15310
of the supplemental insurance with the fire marshal prior to	15311
canceling or reducing the amount of coverage of any comprehensive	15312
general liability insurance coverage required under this division.	15313

Sec. 3743.19. In addition to conforming to the rules of the	15314
fire marshal adopted pursuant to section 3743.18 of the Revised	15315
Code, licensed wholesalers of fireworks shall conduct their	15316
business operations in accordance with the following:	15317

(A) A wholesaler shall conduct its business operations from	15318
the location described in its application for licensure or in a	15319
notification submitted under division (B) of section 3743.17 of	15320
the Revised Code.	15321

(B) Signs indicating that smoking is generally forbidden and	15322
trespassing is prohibited on the premises of a wholesaler shall be	15323
posted on the premises as determined by the fire marshal.	15324

(C) Reasonable precautions shall be taken to protect the	15325
premises of a wholesaler from trespass, loss, theft, or	15326
destruction.	15327

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	15328
matches, lighters, other flame-producing items, or open flame on,	15329
or the carrying of a concealed source of ignition into, the	15330
premises of a wholesaler is prohibited, except that a wholesaler	15331
may permit smoking in specified lunchrooms or restrooms in	15332
buildings or other structures in which no sales, handling, or	15333
storage of fireworks takes place. "NO SMOKING" signs shall be	15334
posted on the premises as required by the fire marshal.	15335

(E) Fire and explosion prevention and other reasonable safety	15336
measures and precautions shall be implemented by a wholesaler.	15337

(F) Persons shall not be permitted to have in their	15338
possession or under their control, while they are on the premises	15339
of a wholesaler, any intoxicating liquor, beer, or controlled	15340
substance, and they shall not be permitted to enter or remain on	15341
the premises if they are found to be under the influence of any	15342
intoxicating liquor, beer, or controlled substance.	15343

(G) A wholesaler shall conform to all building, safety, and	15344
zoning statutes, ordinances, rules, or other enactments that apply	15345
to its premises.	15346

(H) Each building used in the sale of fireworks shall be kept	15347
open to the public for at least four hours each day between the	15348
hours of eight a.m. and five p.m., five days of each week, every	15349
week of the year. Upon application from a licensed wholesaler, the	15350
fire marshal may waive any of the requirements of this division.	15351

(I) Awnings, tents, or canopies shall not be used as	15352
facilities for the storage or sale of fireworks. This division	15353
does not prohibit the use of an awning or canopy attached to a	15354
public access showroom for storing nonflammable shopping	15355
convenience items such as shopping carts or baskets or providing a	15356
shaded area for patrons waiting to enter the public sales area.	15357

(J) ~~Fireworks~~1.4G fireworks may be stored in trailers if the	15358
trailers are properly enclosed, secured, and grounded and are	15359
separated from any structure to which the public is admitted by a	15360
distance that will, in the fire marshal's judgment, allow	15361
fire-fighting equipment to have full access to the structures on	15362
the licensed premises. Such trailers may be moved into closer	15363
proximity to any structure only to accept or discharge cargo for a	15364
period not to exceed forty-eight hours. Only two such trailers may	15365
be placed in such closer proximity at any one time. At no time	15366
may trailers be used for conducting sales of any class of	15367
fireworks nor may members of the public have access to the	15368
trailers.	15369

Storage areas for fireworks that are in the same building	15370
where fireworks are displayed and sold to the public shall be	15371
separated from the areas to which the public has access by an	15372
appropriately rated fire wall. If the licensee installs and	15373
properly maintains an early suppression fast response sprinkler	15374
system or equivalent fire suppression system as described in the	15375
fire code adopted by the fire marshal in accordance with section	15376
3737.82 of the Revised Code throughout the structure, a fire	15377
barrier wall may be substituted for a fire wall between the areas	15378
to which the public has access and the storage portions of the	15379
structure.	15380

(K) A fire suppression system as defined in section 3781.108	15381
of the Revised Code may be turned off only for repair, drainage of	15382
the system to prevent damage by freezing during the period of	15383
time, approved by the fire marshal under division (I) of this	15384
section, that the facility is closed to public access during	15385
winter months, or maintenance of the system. If any repair or	15386
maintenance is necessary during times when the facility is open	15387
for public access and business, the licensed wholesaler shall	15388
notify in advance the appropriate insurance company and fire chief	15389
or fire prevention officer regarding the nature of the maintenance	15390
or repair and the time when it will be performed.	15391

(L) If any fireworks item is removed from its original	15392
package or is manufactured with any fuse other than a fuse	15393
approved by the consumer product safety commission, then the item	15394
shall be covered completely by repackaging or bagging or it shall	15395
otherwise be covered so as to prevent ignition prior to sale.	15396

(M) A safety officer shall be present during regular business	15397
hours at a building open to the public during the period	15398
commencing fourteen days before, and ending two days after, each	15399
fourth day of July. The officer shall be highly visible, enforce	15400
this chapter and any applicable building codes to the extent the	15401
officer is authorized by law, and be one of the following:	15402

(1) A deputy sheriff;

15403

(2) A law enforcement officer of a municipal corporation,	15404
township, or township or joint township police district;	15405

(3) A private uniformed security guard registered under	15406
section 4749.06 of the Revised Code.	15407

(N) All doors of all buildings on the licensed premises shall	15408
swing outward.	15409

(O) All wholesale and commercial sales of fireworks shall be	15410
packaged, shipped, placarded, and transported in accordance with	15411
United States department of transportation regulations applicable	15412
to the transportation, and the offering for transportation, of	15413
hazardous materials. For purposes of this division, "wholesale and	15414
commercial sales" includes all sales for resale and any nonretail	15415
sale made in furtherance of a commercial enterprise. For purposes	15416
of enforcement of these regulations under section 4905.83 of the	15417
Revised Code, any sales transaction exceeding one thousand pounds	15418
shall be rebuttably presumed to be a wholesale or commercial sale.	15419

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	15420
of this section, all retail sales of 1.4G fireworks by a licensed	15421
manufacturer or wholesaler shall only occur from an approved	15422
retail sales showroom on a licensed premises or from a	15423
representative sample showroom as described in this section on a	15424
licensed premises. For the purposes of this section, a retail sale	15425
includes the transfer of the possession of the 1.4G fireworks from	15426
the licensed manufacturer or wholesaler to the purchaser of the	15427
fireworks.	15428

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	15429
properly permitted exhibition shall occur in accordance with the	15430
provisions of the Revised Code and rules adopted by the fire	15431
marshal under Chapter 119. of the Revised Code. Such rules shall	15432
specify, at a minimum, that the licensed exhibitor holds a license	15433
under section 3743.51 of the Revised Code, that the exhibitor	15434
possesses a valid exhibition permit issued in accordance with	15435
section 3743.54 of the Revised Code, and that the fireworks	15436
shipped are to be used at the specifically permitted exhibition.	15437

(B) All wholesale sales of fireworks by a licensed	15438
manufacturer or wholesaler shall only occur from a licensed	15439
premises to persons who intend to resell the fireworks purchased	15440
at wholesale. A wholesale sale by a licensed manufacturer or	15441
wholesaler may occur as follows:	15442

(1) The direct sale and shipment of fireworks to a person	15443
outside of this state;	15444

(2) From an approved retail sales showroom as described in	15445
this section;	15446

(3) From a representative sample showroom as described in	15447
this section;	15448

(4) By delivery of wholesale fireworks to a purchaser at a	15449
licensed premises outside of a structure or building on that	15450
premises. All other portions of the wholesale sales transaction	15451
may occur at any location on a licensed premises.	15452

(5) Any other method as described in rules adopted by the	15453
state fire marshal under Chapter 119. of the Revised Code.	15454

(C) A licensed manufacturer,or wholesaler~~, or exhibitor~~	15455
~~shall bring fireworks~~shall only sell 1.4G fireworks from a	15456
representative sample showroom or a retail sales showroom. Each	15457
licensed premises shall only contain one sales structure.	15458

A representative sample showroom shall consist of a structure	15459
constructed and maintained in accordance with the nonresidential	15460
building code adopted under Chapter 3781. of the Revised Code and	15461
the fire code adopted under section 3737.82 of the Revised Code	15462
for a use and occupancy group that permits mercantile sales. A	15463
representative sample showroom shall not contain any pyrotechnics,	15464
pyrotechnic materials, fireworks, explosives, explosive materials,	15465
or any similar hazardous materials or substances. A representative	15466
sample showroom shall be used only for the public viewing of	15467
fireworks product representations, including paper materials,	15468
packaging materials, catalogs, photographs, or other similar	15469
product depictions. The delivery of product to a purchaser of	15470
fireworks at a licensed premises that has a representative sample	15471
structure shall not occur inside any structure on a licensed	15472
premises. Such product delivery shall occur on the licensed	15473
premises in a manner prescribed by rules adopted by the fire	15474
marshal pursuant to Chapter 119. of the Revised Code.	15475

If a manufacturer or wholesaler elects to conduct sales from	15476
a retail sales showroom, the showroom structures, to which the	15477
public may have any access and in which employees are required to	15478
work, on all licensed premises, ~~into compliance~~shall comply with	15479
the following safety requirements:	15480

(1) A fireworks showroom that is constructed or upon which	15481
expansion is undertaken on and after ~~the effective date of this~~	15482
~~section~~June 30, 1997, shall be equipped with interlinked fire	15483
detection, fire suppression, smoke exhaust, and smoke evacuation	15484
systems that are approved by the superintendent of the division of	15485
industrial compliance in the department of commerce.	15486

(2) A fireworks showroom that first begins to operate on or	15487
after ~~the effective date of this section~~June 30, 1997, and to	15488
which the public has access for retail purposes shall not exceed	15489
five thousand square feet in floor area.	15490

(3) A newly constructed or an existing fireworks showroom	15491
structure that exists on the effective date of this ~~section~~	15492
amendment, but that, on or after the effective date of this	15493
~~section~~amendment, is altered or added to in a manner requiring	15494
the submission of plans, drawings, specifications, or data	15495
pursuant to section 3791.04 of the Revised Code, shall comply	15496
with a graphic floor plan layout that is approved by the fire	15497
marshal and superintendent of the division of industrial	15498
compliance showing width of aisles, parallel arrangement of	15499
aisles to exits, number of exits per wall, maximum occupancy load,	15500
evacuation plan for occupants, height of storage or display of	15501
merchandise, and other information as may be required by the fire	15502
marshal and superintendent.	15503

(4)~~(a) Except as provided in division (A)(4)(b) of this~~	15504
~~section, a fireworks showroom structure that exists on the~~	15505
~~effective date of this section shall be retrofitted on or before~~	15506
~~June 1, 1998, with interlinked fire detection, smoke exhaust,~~	15507
~~and smoke evacuation systems that are approved by the~~	15508
~~superintendent of the division of industrial compliance.~~	15509

~~(b) If meeting the retrofitting requirements set forth in~~	15510
~~division (A)(4)(a) of this section would constitute an extreme~~	15511
~~financial hardship that would force a licensee to terminate~~	15512
~~business operations, the licensee shall conduct sales only on the~~	15513
~~basis of defused representative samples in closed and covered~~	15514
~~displays within the fireworks showroom.~~	15515

~~(5)~~ A fireworks showroom structure that exists on ~~the~~	15516
~~effective date of this section~~June 30, 1997, shall be in	15517
compliance on or ~~before June 1, 1998~~after June 30, 1997, with	15518
floor plans showing occupancy load limits and internal	15519
circulation and egress patterns that are approved by the fire	15520
marshal and superintendent of industrial compliance, and that are	15521
submitted under seal as required by section 3791.04 of the	15522
Revised Code.	15523

~~(B)~~(D) The safety requirements established in division ~~(A)~~(C)	15524
of this section are not subject to any variance, waiver, or	15525
exclusion pursuant to this chapter or any applicable building	15526
code.	15527

Sec. 3743.40. (A) Any person who resides in another state	15528
and who intends to ship fireworks into this state shall submit to	15529
the fire marshal an application for a shipping permit. As used in	15530
this section, "fireworks" includes only 1.3G and 1.4G fireworks.	15531
The application shall be submitted prior to shipping fireworks	15532
into this state, shall be on a form prescribed by the fire	15533
marshal, shall contain the information required by division (B) of	15534
this section and all information requested by the fire marshal,	15535
and shall be accompanied by the fee and the documentation	15536
described in division (C) of this section.	15537

The fire marshal shall prescribe a form for applications for	15538
shipping permits and make a copy of the form available, upon	15539
request, to persons who seek such a permit.	15540

(B) In an application for a shipping permit, the applicant	15541
shall specify the types of fireworks to be shipped into this	15542
state.	15543

(C) An application for a shipping permit shall be accompanied	15544
by a fee of two thousand seven hundred fifty dollars.	15545

An application for a shipping permit shall be accompanied by	15546
a certified copy or other copy acceptable to the fire marshal of	15547
the applicant's license or permit issued in the applicant's state	15548
of residence and authorizing the applicant to engage in the	15549
manufacture, wholesale sale, or transportation of fireworks in	15550
that state, if that state issues such a license or permit, and by	15551
a statement by the applicant that the applicant understands and	15552
will abide by rules adopted by the fire marshal pursuant to	15553
section 3743.58 of the Revised Code for transporting fireworks.	15554

(D) Except as otherwise provided in this division, and	15555
subject to section 3743.70 of the Revised Code, the fire marshal	15556
shall issue a shipping permit to an applicant only if the fire	15557
marshal determines that the applicant is a resident of another	15558
state and is the holder of a license or permit issued by that	15559
state authorizing it to engage in the manufacture, wholesale sale,	15560
or transportation of fireworks in that state, and the fire marshal	15561
is satisfied that the application and documentation are complete	15562
and in conformity with this section and that the applicant will	15563
transport fireworks into this state in accordance with rules	15564
adopted by the fire marshal pursuant to section 3743.58 of the	15565
Revised Code. The fire marshal shall issue a shipping permit to an	15566
applicant if the applicant meets all of the requirements of this	15567
section for the issuance of a shipping permit except that the	15568
applicant does not hold a license or permit issued by the state of	15569
residence authorizing the applicant to engage in the manufacture,	15570
wholesale sale, or transportation of fireworks in that state	15571
because that state does not issue such a license or permit.	15572

(E) Each permit issued pursuant to this section shall contain	15573
a distinct number assigned to the particular permit holder, and	15574
contain the information described in division (B) of this section.	15575

The fire marshal shall maintain a list of all persons issued	15576
shipping permits. In this list next to each person's name, the	15577
fire marshal shall insert the date upon which the permit was	15578
issued and the information described in division (B) of this	15579
section.	15580

(F) A shipping permit is valid for one year from the date of	15581
issuance by the fire marshal and only if the permit holder ships	15582
the fireworks directly into this state to the holder of a license	15583
issued under section 3743.03 or 3743.16 of the Revised Code or a	15584
license holder under section 3743.51 of the Revised Code who	15585
possesses a valid exhibition permit issued in accordance with	15586
section 3743.54 of the Revised Code and the fireworks shipped are	15587
to be used at the specifically permitted exhibition. The permit	15588
authorizes the permit holder to ship fireworks, as described in	15589
rules adopted by the fire marshal under Chapter 119. of the	15590
Revised Code, directly to the holder of a license issued under	15591
section 3743.03 or 3743.16 of the Revised Code, and to possess the	15592
fireworks in this state while the permit holder is in the course	15593
of shipping them directly into this state.	15594

The holder of a shipping permit shall have the permit in the	15595
holder's possession in this state at all times while in the course	15596
of shipping the fireworks directly into this state. A shipping	15597
permit is not transferable or assignable.	15598

Sec. 3743.44. (A) Any person who resides in another state	15599
and who intends to obtain possession in this state of fireworks	15600
purchased in this state shall obtain possession of the fireworks	15601
only from a licensed manufacturer or licensed wholesaler and only	15602
possess the fireworks in this state while in the course of	15603
directly transporting them out of this state. No licensed	15604
manufacturer or licensed wholesaler shall sell 1.3G fireworks to a	15605
person who resides in another state unless that person has been	15606
issued a license or permit in the state of the person's residence	15607
that authorizes the person to engage in the manufacture, wholesale	15608
sale, or retail sale of 1.3G fireworks or that authorizes the	15609
person to conduct 1.3G fireworks exhibitions in that state and	15610
that person presents a certified copy of the license. No licensed	15611
manufacturer or licensed wholesaler shall sell fireworks to a	15612
person who resides in another state unless that person has been	15613
issued a license or permit in the state of the person's residence	15614
that authorizes the person to engage in the manufacture, wholesale	15615
sale, or retail sale of fireworks in that state or that authorizes	15616
the person to conduct fireworks exhibitions in that state and that	15617
person presents a certified copy of the license, or, if that	15618
person does not possess a license or permit of that nature, only	15619
if the person presents a current valid motor vehicle operator's	15620
license issued to the person in the person's state of residence,	15621
or, if that person does not possess a motor vehicle operator's	15622
license issued in that state, an identification card issued to the	15623
person by a governmental agency in the person's state of residence	15624
indicating that the person is a resident of that state. If a	15625
person who is required to present a motor vehicle operator's	15626
license or other identification card intends to transport the	15627
fireworks purchased directly out of this state by a motor vehicle	15628
and the person will not also be the operator of that motor vehicle	15629
while so transporting the fireworks, the operator of the motor	15630
vehicle also shall present the operator's motor vehicle operator's	15631
license.	15632

(B) A licensed manufacturer or licensed wholesaler selling	15633
fireworks under this section shall require the purchaser to	15634
complete a purchaser's form. The fire marshal shall prescribe the	15635
form, and the licensed manufacturer or licensed wholesaler shall	15636
furnish the form. On this form the purchaser shall include the	15637
purchaser's name and address; the date of the purchase; ~~the~~	15638
~~destination to which the fireworks will be transported~~a statement	15639
that the purchaser acknowledges that the purchaser is responsible	15640
for any illegal use of the fireworks, including any damages caused	15641
by improper use; the number of the purchaser's license or permit	15642
authorizing the purchaser to manufacture, sell at wholesale, or	15643
sell at retail fireworks or to conduct fireworks exhibitions, or	15644
the number of the purchaser's motor vehicle operator's license or	15645
other identification card, as applicable; such other information	15646
as the fire marshal may require; and the purchaser's signature.	15647
Each purchaser's form shall contain a statement printed in bold	15648
letters indicating that knowingly making a false statement on the	15649
form is falsification under section 2921.13 of the Revised Code	15650
and is a misdemeanor of the first degree.	15651

Each licensed manufacturer and licensed wholesaler shall keep	15652
each purchaser's form for a period of three years after the date	15653
of the purchase, and such forms shall be open to inspection by the	15654
fire marshal or the fire marshal's designated authority.	15655

(C) Each purchaser of fireworks under this section shall	15656
transport the fireworks so purchased directly out of this state	15657
within ~~seventy-two~~forty-eight hours after the time of their	15658
purchase.	15659

This section regulates wholesale sales and retail sales of	15660
fireworks in this state only insofar as purchasers of fireworks	15661
are residents of other states and will be obtaining possession in	15662
this state of purchased fireworks. This section does not prohibit	15663
licensed manufacturers or wholesalers from selling fireworks, in	15664
accordance with section 3743.04 or sections 3743.17 and 3743.25 of	15665
the Revised Code, to a resident of another state and from shipping	15666
the purchased fireworks directly out of this state to the	15667
purchaser.	15668

Sec. 3743.45. (A) Any person who resides in this state and	15669
who intends to obtain possession in this state of 1.4G fireworks	15670
purchased in this state shall obtain possession of the 1.4G	15671
fireworks only from a licensed manufacturer or licensed	15672
wholesaler.	15673

A licensed manufacturer or licensed wholesaler selling 1.4G	15674
fireworks under this division shall require the purchaser to	15675
complete a purchaser's form, which shall be prescribed by the	15676
state fire marshal and furnished by the licensed manufacturer or	15677
licensed wholesaler. On this form the purchaser shall include the	15678
purchaser's name and address,; the date of the purchase~~, the~~	15679
~~destination to which the fireworks will be transported,~~; a	15680
statement that the purchaser acknowledges that the purchaser is	15681
responsible for any illegal use of the fireworks, including any	15682
damages caused by improper use; such other information as the fire	15683
marshal may require,; and the purchaser's signature. Each	15684
purchaser's form shall contain a statement printed in bold letters	15685
indicating that knowingly making a false statement on the form is	15686
falsification under section 2921.13 of the Revised Code and is a	15687
misdemeanor of the first degree.	15688

Each licensed manufacturer and licensed wholesaler shall keep	15689
each purchaser's form for a period of three years after the date	15690
of the purchase, and such forms shall be open to inspection by the	15691
fire marshal or the fire marshal's designated authority.	15692

Each purchaser of 1.4G fireworks under this division shall	15693
transport the fireworks so purchased directly out of this state	15694
within forty-eight hours after the time of their purchase.	15695

This division does not apply to a person who resides in this	15696
state and who is also a licensed manufacturer, licensed	15697
wholesaler, or licensed exhibitor of fireworks in this state.	15698

(B) No licensed manufacturer or licensed wholesaler shall	15699
sell 1.3G fireworks to a person who resides in this state unless	15700
that person is a licensed manufacturer, licensed wholesaler, or	15701
licensed exhibitor of fireworks in this state.	15702

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	15703
acquire fireworks for use at a public fireworks exhibition only	15704
from a licensed manufacturer of fireworks or licensed wholesaler	15705
of fireworks, and only in accordance with the procedures specified	15706
in this section and section 3743.55 of the Revised Code. A	15707
~~licensed exhibitor shall not acquire, for any purpose, 1.4G~~	15708
~~fireworks as designated by the fire marshal in rules adopted~~	15709
~~pursuant to division (A) of section 3743.05 of the Revised Code.~~	15710

(B)(1) A licensed exhibitor of fireworks who wishes to	15711
conduct a public fireworks exhibition shall apply for approval to	15712
conduct the exhibition to whichever of the following persons is	15713
appropriate under the circumstances:	15714

(a) Unless division (B)(1)(c) or (d) of this section applies,	15715
if the exhibition will take place in a municipal corporation, the	15716
approval shall be obtained from the fire chief, and from the	15717
police chief or other similar chief law enforcement officer, or	15718
the designee of the police chief or similar chief law enforcement	15719
officer, of the particular municipal corporation.	15720

(b) Unless division (B)(1)(c) or (d) of this section applies,	15721
if the exhibition will take place in an unincorporated area, the	15722
approval shall be obtained from the fire chief of the particular	15723
township or township fire district, and from the police chief or	15724
other similar chief law enforcement officer, or the designee of	15725
the police chief or similar chief law enforcement officer, of the	15726
particular township or township police district.	15727

(c) If fire protection services for the premises on which the	15728
exhibition will take place are provided in accordance with a	15729
contract between political subdivisions, the approval shall be	15730
obtained from the fire chief of the political subdivision	15731
providing the fire protection services and from the police chief	15732
or other similar chief law enforcement officer, or the designee of	15733
the police chief or similar chief law enforcement officer, of the	15734
political subdivision in which the premises on which the	15735
exhibition will take place are located. If police services for the	15736
premises on which the exhibition will take place are provided in	15737
accordance with a contract between political subdivisions, the	15738
approval shall be obtained from the police chief or other similar	15739
chief law enforcement officer, or the designee of the police chief	15740
or similar chief law enforcement officer, of the political	15741
subdivision providing the police services and from the fire chief	15742
of the political subdivision in which the premises on which the	15743
exhibition will take place are located. If both fire and police	15744
protection services for the premises on which the exhibition will	15745
take place are provided in accordance with a contract between	15746
political subdivisions, the approval shall be obtained from the	15747
fire chief, and from the police chief or other similar chief law	15748
enforcement officer, or the designee of the police chief or	15749
similar chief law enforcement officer, of the political	15750
subdivisions providing the police and fire protection services.	15751

(d) If there is no municipal corporation, township, or	15752
township fire district fire department, no municipal corporation,	15753
township, or township police district police department, and no	15754
contract for police or fire protection services between political	15755
subdivisions covering the premises on which the exhibition will	15756
take place, the approval shall be obtained from the fire	15757
prevention officer, and from the police chief or other similar	15758
chief law enforcement officer, or the designee of the police chief	15759
or other similar chief law enforcement officer, having	15760
jurisdiction over the premises.	15761

(2) The approval required by division (B)(1) of this section	15762
shall be evidenced by the fire chief or fire prevention officer	15763
and by the police chief or other similar chief law enforcement	15764
officer, or the designee of the police chief or other similar	15765
chief law enforcement officer, signing a permit for the	15766
exhibition. The fire marshal shall prescribe the form of	15767
exhibition permits and distribute copies of the form to fire	15768
chiefs, to fire prevention officers, and to police chiefs or other	15769
similar chief law enforcement officers of municipal corporations,	15770
townships, or township police districts, or their designees, in	15771
this state. Any exhibitor of fireworks who wishes to conduct a	15772
public fireworks exhibition may obtain a copy of the form from the	15773
fire marshal or, if it is available, from a fire chief, a fire	15774
prevention officer, a police chief or other similar chief law	15775
enforcement officer of a municipal corporation, township, or	15776
township police district, or a designee of such a police chief or	15777
other similar chief law enforcement officer.	15778

(C) Before a permit is signed and issued to a licensed	15779
exhibitor of fireworks, the fire chief or fire prevention officer,	15780
in consultation with the police chief or other similar chief law	15781
enforcement officer or with the designee of the police chief or	15782
other similar chief law enforcement officer, shall inspect the	15783
premises on which the exhibition will take place and shall	15784
determine that, in fact, the applicant for the permit is a	15785
licensed exhibitor of fireworks. Each applicant shall show the	15786
applicant's license as an exhibitor of fireworks to the fire chief	15787
or fire prevention officer.	15788

The fire chief or fire prevention officer, and the police	15789
chief or other similar chief law enforcement officer, or the	15790
designee of the police chief or other similar chief law	15791
enforcement officer, shall give approval to conduct a public	15792
fireworks exhibition only if satisfied, based on the inspection,	15793
that the premises on which the exhibition will be conducted allow	15794
the exhibitor to comply with the rules adopted by the fire marshal	15795
pursuant to divisions (B) and (E) of section 3743.53 of the	15796
Revised Code and that the applicant is, in fact, a licensed	15797
exhibitor of fireworks. The fire chief or fire prevention officer,	15798
in consultation with the police chief or other similar chief law	15799
enforcement officer or with the designee of the police chief or	15800
other similar chief law enforcement officer, may inspect the	15801
premises immediately prior to the exhibition to determine if the	15802
exhibitor has complied with the rules, and may revoke a permit for	15803
noncompliance with the rules.	15804

(D) If the legislative authorities of their political	15805
subdivisions have prescribed a fee for the issuance of a permit	15806
for a public fireworks exhibition, fire chiefs or fire prevention	15807
officers, and police chiefs, other similar chief law enforcement	15808
officers, or their designee, shall not issue a permit until the	15809
exhibitor pays the requisite fee.	15810

Each exhibitor shall provide an indemnity bond in the amount	15811
of at least one million dollars, with surety satisfactory to the	15812
fire chief or fire prevention officer and to the police chief or	15813
other similar chief law enforcement officer, or the designee of	15814
the police chief or other similar chief law enforcement officer,	15815
conditioned for the payment of all final judgments that may be	15816
rendered against the exhibitor on account of injury, death, or	15817
loss to persons or property emanating from the fireworks	15818
exhibition, or proof of insurance coverage of at least one million	15819
dollars for liability arising from injury, death, or loss to	15820
persons or property emanating from the fireworks exhibition. The	15821
legislative authority of a political subdivision in which a public	15822
fireworks exhibition will take place may require the exhibitor to	15823
provide an indemnity bond or proof of insurance coverage in	15824
amounts greater than those required by this division. Fire chiefs	15825
or fire prevention officers, and police chiefs, other similar	15826
chief law enforcement officers, or their designee, shall not issue	15827
a permit until the exhibitor provides the bond or proof of the	15828
insurance coverage required by this division or by the political	15829
subdivision in which the fireworks exhibition will take place.	15830

(E)(1) Each permit for a fireworks exhibition issued by a	15831
fire chief or fire prevention officer, and by the police chief or	15832
other similar chief law enforcement officer, or the designee of	15833
the police chief or other similar chief law enforcement officer,	15834
shall contain a distinct number, designate the municipal	15835
corporation, township, or township fire or police district of the	15836
fire chief, fire prevention officer, police chief or other similar	15837
chief law enforcement officer, or designee of the police chief or	15838
other similar chief law enforcement officer, and identify the	15839
certified fire safety inspector, fire chief, or fire prevention	15840
officer who will be present before, during, and after the	15841
exhibition, where appropriate. A copy of each permit issued shall	15842
be forwarded by the fire chief or fire prevention officer, and by	15843
the police chief or other similar chief law enforcement officer,	15844
or the designee of the police chief or other similar chief law	15845
enforcement officer, issuing it to the fire marshal, who shall	15846
keep a record of the permits received. A permit is not	15847
transferable or assignable.	15848

(2) Each fire chief, fire prevention officer, police chief or	15849
other similar chief law enforcement officer, and designee of a	15850
police chief or other similar chief law enforcement officer shall	15851
keep a record of issued permits for fireworks exhibitions. In this	15852
list, the fire chief, fire prevention officer, police chief or	15853
other similar chief law enforcement officer, and designee of a	15854
police chief or other similar chief law enforcement officer shall	15855
list the name of the exhibitor, the exhibitor's license number,	15856
the premises on which the exhibition will be conducted, the date	15857
and time of the exhibition, and the number and political	15858
subdivision designation of the permit issued to the exhibitor for	15859
the exhibition.	15860

(F) The governing authority having jurisdiction in the	15861
location where an exhibition is to take place shall require that a	15862
certified fire safety inspector, fire chief, or fire prevention	15863
officer be present before, during, and after the exhibition, and	15864
shall require the certified fire safety inspector, fire chief, or	15865
fire prevention officer to inspect the premises where the	15866
exhibition is to take place and determine whether the exhibition	15867
is in compliance with this chapter.	15868

(G) Notwithstanding any provision of the Revised Code to the	15869
contrary, the state fire marshal is hereby authorized to create	15870
additional license categories for fireworks exhibitors and to	15871
create additional permit requirements for fireworks exhibitions	15872
for the indoor use of fireworks and other uses of pyrotechnics,	15873
including the use of pyrotechnic materials that do not meet the	15874
definition of fireworks as described in section 3743.01 of the	15875
Revised Code. Such licenses and permits and the fees for such	15876
licenses and permits shall be described in rules adopted by the	15877
fire marshal under Chapter 119. of the Revised Code. Such rules	15878
may provide for different standards for exhibitor licensure and	15879
the permitting and conducting of a fireworks exhibition than the	15880
requirements of this chapter.	15881

Prior to the state fire marshal's adoption of the rules	15882
described in this division, the director of commerce shall appoint	15883
a committee consisting of the state fire marshal or the marshal's	15884
designee, three representatives of the fireworks industry, and	15885
three representatives of the fire service to assist the state fire	15886
marshal in adopting these rules. Unless an extension is granted by	15887
the director of commerce, the state fire marshal shall adopt	15888
initial rules under this section not later than July 1, 2010.	15889

Sec. 3743.56. Each fireworks exhibitor licensed under	15890
section 3743.51 of the Revised Code shall register annually with	15891
the fire marshal all employees who assist the licensed exhibitor	15892
in conducting fireworks exhibitions. Once registered, such an	15893
employee may be employed by any other licensed fireworks	15894
exhibitor, without the need for that other licensed exhibitor to	15895
register the employee with the fire marshal. The fire marshal	15896
shall maintain a record of licensed exhibitors and registered	15897
employees and make it available, upon request, to any law	15898
enforcement agency.	15899

The fire marshal shall adopt rules under Chapter 119. of the	15900
Revised Code that establish appropriate fees for the registration	15901
of employees of licensed exhibitors and otherwise implement this	15902
section.	15903

In addition to the annual registration of employees required	15904
by this section, a licensed exhibitor shall file an application to	15905
register a new employee, unless the new employee is already	15906
registered under this section, not later than seven days after the	15907
date on which the employee is hired.	15908

Each applicant for registration under this section shall	15909
provide fingerprint or similar identifying information to the fire	15910
marshal for the purposes of determining applicant compliance with	15911
section 3743.70 of the Revised Code. The fire marshal may adopt	15912
rules under Chapter 119. of the Revised Code specifying the method	15913
to be used by the applicant to provide the fingerprint or similar	15914
identifying information, fees to be assessed by the fire marshal	15915
to conduct such background checks, and the procedures to be used	15916
by the fire marshal to verify compliance with this section. Such	15917
rules may include provisions establishing the frequency that	15918
license renewal applicants must update background check	15919
information filed by the applicant with previous license	15920
applications and provisions describing alternative forms of	15921
background check information that may be accepted by the fire	15922
marshal to verify compliance with this section.	15923

Sec. 3743.65. (A) No person shall possess fireworks in this	15924
state or shall possess for sale or sell fireworks in this state,	15925
except a licensed manufacturer of fireworks as authorized by	15926
sections 3743.02 to 3743.08 of the Revised Code, a licensed	15927
wholesaler of fireworks as authorized by sections 3743.15 to	15928
3743.21 of the Revised Code, a shipping permit holder as	15929
authorized by section 3743.40 of the Revised Code, an out-of-state	15930
resident as authorized by section 3743.44 of the Revised Code, a	15931
resident of this state as authorized by section 3743.45 of the	15932
Revised Code, or a licensed exhibitor of fireworks as authorized	15933
by sections 3743.50 to 3743.55 of the Revised Code, and except as	15934
provided in section 3743.80 of the Revised Code.	15935

(B) Except as provided in section 3743.80 of the Revised Code	15936
and except for licensed exhibitors of fireworks authorized to	15937
conduct a fireworks exhibition pursuant to sections 3743.50 to	15938
3743.55 of the Revised Code, no person shall discharge, ignite, or	15939
explode any fireworks in this state.	15940

(C) No person shall use in a theater or public hall, what is	15941
technically known as fireworks showers, or a mixture containing	15942
potassium chlorate and sulphur.	15943

(D) No person shall sell fireworks of any kind to a person	15944
under eighteen years of age. No person under eighteen years of age	15945
shall enter a fireworks sales showroom unless that person is	15946
accompanied by a parent, legal guardian, or other responsible	15947
adult. No person under eighteen years of age shall touch or	15948
possess fireworks on a licensed premises without the consent of	15949
the licensee. A licensee may eject any person from a licensed	15950
premises that is in any way disruptive to the safe operation of	15951
the premises.	15952

(E) ~~No person shall advertise 1.4G fireworks for sale. A sign~~	15953
~~located on a seller's premises identifying the seller as a seller~~	15954
~~of fireworks is not the advertising of fireworks for sale.~~	15955

~~(F)~~ No person, other than a licensed manufacturer, licensed	15956
wholesaler, licensed exhibitor, or shipping permit holder, shall	15957
possess 1.3G fireworks in this state.	15958

~~(G)~~(F) Except as otherwise provided in division (J) of	15959
section 3743.06 and division (K) of section 3743.19 of the Revised	15960
Code, no person shall knowingly disable a fire suppression system	15961
as defined in section 3781.108 of the Revised Code on the premises	15962
of a fireworks plant of a licensed manufacturer of fireworks or on	15963
the premises of the business operations of a licensed wholesaler	15964
of fireworks.	15965

Sec. 3743.70. The fire marshal shall not issue an initial or	15966
a renewal of a license or, permit, or registration under this	15967
chapter on or after ~~the effective date of this section~~June 30,	15968
1997, if the applicant for the license or permit, or any	15969
individual holding, owning, or controlling a five per cent or	15970
greater beneficial or equity interest in the applicant for the	15971
license or permit, has been convicted of or pleaded guilty to a	15972
felony under the laws of this state, another state, or the United	15973
States. The fire marshal shall revoke or deny renewal of a license	15974
or permit first issued under this chapter on or after ~~the~~	15975
~~effective date of this section~~June 30, 1997, if the holder of the	15976
license or permit, or any individual holding, owning, or	15977
controlling a five per cent or greater beneficial or equity	15978
interest in the holder of the license or permit, is convicted of	15979
or pleads guilty to a felony under the laws of this state, another	15980
state, or the United States.	15981

The state fire marshal may adopt rules under Chapter 119. of	15982
the Revised Code specifying the method to be used by the	15983
applicants subject to this section to provide the fingerprint or	15984
similar identifying information, fees to be assessed by the fire	15985
marshal to conduct such background checks, and the procedures to	15986
be used by the state fire marshal to verify compliance with this	15987
section. Such rules may include provisions establishing rules for	15988
conducting background checks and prohibiting licensure, permitting	15989
or registration under this chapter for persons convicted of a	15990
felony or similar offense in another country, the frequency that	15991
license renewal applicants must update background check	15992
information filed by the applicant with previous license	15993
applications, provisions describing alternative forms of	15994
background check information that may be accepted by the fire	15995
marshal to verify compliance with this section, and provisions	15996
that permit the state fire marshal to waive the applicability of	15997
this section if the applicant produces verified documentation that	15998
demonstrates that this state, another state, the United States, or	15999
another country has determined that applicant is appropriate for	16000
licensure, permitting, or registration under this chapter.	16001

Sec. 3743.99. (A) Whoever violates division (A) or (B) of	16002
section 3743.60 or division (H) of section 3743.64 of the Revised	16003
Code is guilty of a felony of the third degree.	16004

(B) Whoever violates division (C) or (D) of section 3743.60,	16005
division (A), (B), (C), or (D) of section 3743.61, or division (A)	16006
or (B) of section 3743.64 of the Revised Code is guilty of a	16007
felony of the fourth degree.	16008

(C) Whoever violates division (E), (F), (G), (H), (I), or (J)	16009
of section 3743.60, division (E), (F), (G), (H), (I), or (J) of	16010
section 3743.61, section 3743.63, division (D), (E), (F), or (G)	16011
of section 3743.64, division (A), (B), (C), (D), or ~~(F)~~(E) of	16012
section 3743.65, or section 3743.66 of the Revised Code is guilty	16013
of a misdemeanor of the first degree. If the offender previously	16014
has been convicted of or pleaded guilty to a violation of division	16015
(I) of section 3743.60 or 3743.61 of the Revised Code, a violation	16016
of either of these divisions is a felony of the fifth degree.	16017

(D) Whoever violates division (C) of section 3743.64 of the	16018
Revised Code is guilty of a misdemeanor of the first degree. In	16019
addition to any other penalties that may be imposed on a licensed	16020
exhibitor of fireworks under this division and unless the third	16021
sentence of this division applies, the person's license as an	16022
exhibitor of fireworks or as an assistant exhibitor of fireworks	16023
shall be suspended, and the person is ineligible to apply for	16024
either type of license, for a period of five years. If the	16025
violation of division (C) of section 3743.64 of the Revised Code	16026
results in serious physical harm to persons or serious physical	16027
harm to property, the person's license as an exhibitor of	16028
fireworks or as an assistant exhibitor of fireworks shall be	16029
revoked, and that person is ineligible to apply for a license as	16030
or to be licensed as an exhibitor of fireworks or as an assistant	16031
exhibitor of fireworks in this state.	16032

(E) Whoever violates division ~~(G)~~(F) of section 3743.65 of	16033
the Revised Code is guilty of a felony of the fifth degree.	16034

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	16035
the Revised Code do not apply to the following:	16036

(A) Policies offering coverage that is regulated under	16037
Chapters 3935. and 3937. of the Revised Code;	16038

(B) An employer's self-insurance plan and any of its	16039
administrators, as defined in section 3959.01 of the Revised Code,	16040
to the extent that federal law supersedes, preempts, prohibits, or	16041
otherwise precludes the application of any provisions of those	16042
sections to the plan and its administrators;	16043

(C) A third-party payer for coverage provided under the	16044
medicare advantage program operated under Title XVIII of the	16045
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	16046
amended;	16047

(D) A third-party payer for coverage provided under the	16048
medicaid program operated under Title XIX of the "Social Security	16049
Act," except that if a federal waiver applied for under section	16050
5111.178 of the Revised Code is granted or the director of job and	16051
family services determines that this provision can be implemented	16052
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	16053
the Revised Code apply to claims submitted electronically or	16054
non-electronically that are made with respect to coverage of	16055
medicaid recipients by health insuring corporations licensed under	16056
Chapter 1751. of the Revised Code, instead of the prompt payment	16057
requirements of 42 C.F.R. 447.46;	16058

(E) A third-party payer for coverage provided under the	16059
tricare program offered by the United States department of	16060
defense.	16061

(F) A third-party payer for coverage provided under the	16062
children's buy-in program established under sections 5101.5211 to	16063
5101.5216 of the Revised Code.	16064

Sec. 3905.40. There shall be paid to the superintendent of	16065
insurance the following fees:	16066

(A) Each insurance company doing business in this state shall	16067
pay:	16068

(1) For filing a copy of its charter or deed of settlement,	16069
two hundred fifty dollars;	16070

(2) For filing each statement, one hundred seventy-five	16071
dollars;	16072

(3) For each certificate of authority or license, one hundred	16073
seventy-five, and for each certified copy thereof, five dollars;	16074

(4) For each copy of a paper filed in the superintendent's	16075
office, twenty cents per page;	16076

(5) For issuing certificates of deposits or certified copies	16077
thereof, five dollars for the first certificate or copy and one	16078
dollar for each additional certificate or copy;	16079

(6) For issuing certificates of compliance or certified	16080
copies thereof, sixty dollars;	16081

(7) For affixing the seal of office and certifying documents,	16082
other than those enumerated herein, two dollars.	16083

(B) Each domestic life insurance company doing business in	16084
this state shall pay for annual valuation of its policies, one	16085
cent on every one thousand dollars of insurance.	16086

(C) Each applicant for licensure as an individual insurance	16087
agent except applicants for licensure as limited lines insurance	16088
agents and surplus line brokers shall pay ten dollars ~~before~~	16089
~~admission to any examination required by the superintendent. Such~~	16090
~~fee shall not be paid by the appointing insurance company~~for each	16091
line of authority requested. Fees collected under this division	16092
shall be credited to the department of insurance operating fund	16093
created in section 3901.021 of the Revised Code.	16094

(D) Each domestic mutual life insurance company shall pay for	16095
verifying that any amendment to its articles of incorporation was	16096
regularly adopted, two hundred fifty dollars with each application	16097
for verification. Any such amendment shall be considered to have	16098
been regularly adopted when approved by the affirmative vote of	16099
two-thirds of the policyholders present in person or by proxy at	16100
any annual meeting of policyholders or at a special meeting of	16101
policyholders called for that purpose.	16102

Sec. 3923.281. (A) As used in this section:

16103

(1) "Biologically based mental illness" means schizophrenia,	16104
schizoaffective disorder, major depressive disorder, bipolar	16105
disorder, paranoia and other psychotic disorders,	16106
obsessive-compulsive disorder, and panic disorder, as these terms	16107
are defined in the most recent edition of the diagnostic and	16108
statistical manual of mental disorders published by the American	16109
psychiatric association.	16110

(2) "Policy of sickness and accident insurance" has the same	16111
meaning as in section 3923.01 of the Revised Code, but excludes	16112
any hospital indemnity, medicare supplement, long-term care,	16113
disability income, one-time-limited-duration policy of not longer	16114
than six months, supplemental benefit, or other policy that	16115
provides coverage for specific diseases or accidents only; any	16116
policy that provides coverage for workers' compensation claims	16117
compensable pursuant to Chapters 4121. and 4123. of the Revised	16118
Code; ~~and~~ any policy that provides coverage to beneficiaries	16119
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	16120
(1935), 42 U.S.C.A. 301, as amended, known as the medical	16121
assistance program or medicaid, as provided by the Ohio department	16122
of job and family services under Chapter 5111. of the Revised	16123
Code; and any policy that provides coverage to beneficiaries	16124
enrolled in the children's buy-in program established under	16125
sections 5101.5211 to 5101.5216 of the Revised Code.	16126

(B) Notwithstanding section 3901.71 of the Revised Code, and	16127
subject to division (E) of this section, every policy of	16128
sickness and accident insurance shall provide benefits for the	16129
diagnosis and treatment of biologically based mental illnesses on	16130
the same terms and conditions as, and shall provide benefits no	16131
less extensive than, those provided under the policy of sickness	16132
and accident insurance for the treatment and diagnosis of all	16133
other physical diseases and disorders, if both of the following	16134
apply:	16135

(1) The biologically based mental illness is clinically	16136
diagnosed by a physician authorized under Chapter 4731. of the	16137
Revised Code to practice medicine and surgery or osteopathic	16138
medicine and surgery; a psychologist licensed under Chapter 4732.	16139
of the Revised Code; a professional clinical counselor,	16140
professional counselor, or independent social worker licensed	16141
under Chapter 4757. of the Revised Code; or a clinical nurse	16142
specialist licensed under Chapter 4723. of the Revised Code whose	16143
nursing specialty is mental health.	16144

(2) The prescribed treatment is not experimental or	16145
investigational, having proven its clinical effectiveness in	16146
accordance with generally accepted medical standards.	16147

(C) Division (B) of this section applies to all coverages and	16148
terms and conditions of the policy of sickness and accident	16149
insurance, including, but not limited to, coverage of inpatient	16150
hospital services, outpatient services, and medication; maximum	16151
lifetime benefits; copayments; and individual and family	16152
deductibles.	16153

(D) Nothing in this section shall be construed as prohibiting	16154
a sickness and accident insurance company from taking any of the	16155
following actions:	16156

(1) Negotiating separately with mental health care providers	16157
with regard to reimbursement rates and the delivery of health care	16158
services;	16159

(2) Offering policies that provide benefits solely for the	16160
diagnosis and treatment of biologically based mental illnesses;	16161

(3) Managing the provision of benefits for the diagnosis or	16162
treatment of biologically based mental illnesses through the use	16163
of pre-admission screening, by requiring beneficiaries to obtain	16164
authorization prior to treatment, or through the use of any other	16165
mechanism designed to limit coverage to that treatment determined	16166
to be necessary;	16167

(4) Enforcing the terms and conditions of a policy of	16168
sickness and accident insurance.	16169

(E) An insurer that offers any policy of sickness and	16170
accident insurance is not required to provide benefits for the	16171
diagnosis and treatment of biologically based mental illnesses	16172
pursuant to division (B) of this section if all of the following	16173
apply:	16174

(1) The insurer submits documentation certified by an	16175
independent member of the American academy of actuaries to the	16176
superintendent of insurance showing that incurred claims for	16177
diagnostic and treatment services for biologically based mental	16178
illnesses for a period of at least six months independently caused	16179
the insurer's costs for claims and administrative expenses for the	16180
coverage of all other physical diseases and disorders to increase	16181
by more than one per cent per year.	16182

(2) The insurer submits a signed letter from an independent	16183
member of the American academy of actuaries to the superintendent	16184
of insurance opining that the increase described in division	16185
(E)(1) of this section could reasonably justify an increase of	16186
more than one per cent in the annual premiums or rates charged by	16187
the insurer for the coverage of all other physical diseases and	16188
disorders.	16189

(3) The superintendent of insurance makes the following	16190
determinations from the documentation and opinion submitted	16191
pursuant to divisions (E)(1) and (2) of this section:	16192

(a) Incurred claims for diagnostic and treatment services for	16193
biologically based mental illnesses for a period of at least six	16194
months independently caused the insurer's costs for claims and	16195
administrative expenses for the coverage of all other physical	16196
diseases and disorders to increase by more than one per cent per	16197
year.	16198

(b) The increase in costs reasonably justifies an increase of	16199
more than one per cent in the annual premiums or rates charged by	16200
the insurer for the coverage of all other physical diseases and	16201
disorders.	16202

Any determination made by the superintendent under this	16203
division is subject to Chapter 119. of the Revised Code.	16204

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	16205
negotiate long-term care insurance on or after September 1, 2008,	16206
without completing an initial eight-hour partnership program	16207
training course as described in division (B) of this section.	16208

(2)(a) Any agent that sells, solicits, or negotiates any	16209
long-term care insurance shall complete at least four hours of	16210
continuing education in every twenty-four-month period commencing	16211
on the first day of January of the year immediately following the	16212
year of the issuance of the agent's license.	16213

(b) No agent shall fail to complete the continuing education	16214
requirements in division (A)(2)(a) of this section in the	16215
twenty-four-month period described in that division.	16216

(B) The initial training course and continuing education	16217
required under division (A) of this section may be approved by the	16218
superintendent of insurance as continuing education courses under	16219
sections 3905.481 to 3905.486 of the Revised Code and shall	16220
consist of combined topics related to long-term care insurance,	16221
long-term care services, and state long-term care insurance	16222
partnership programs, including all of the following:	16223

(1) State and federal regulations and requirements and the	16224
relationship between state long-term care insurance partnership	16225
programs and other public and private coverage of long-term care	16226
services, including medicaid;	16227

(2) Available long-term care services and providers;

16228

(3) Changes or improvements in long-term care services or	16229
providers;	16230

(4) Alternatives to the purchase of private long-term care	16231
insurance;	16232

(5) The effect of inflation on benefits and the importance of	16233
inflation protection;	16234

(6) Consumer suitability standards and guidelines;

16235

(7) Any other topics required by the superintendent.

16236

(C) The initial training and continuing education required by	16237
division (A) of this section shall not include training that is	16238
specific to a particular insurer or company product or that	16239
includes any sales or marketing information, materials, or	16240
training other than those required by state or federal law.	16241

(D) AnA resident agent shall satisfy the training and	16242
continuing education required by division (A) of this section by	16243
completing long-term care courses that are approved by the	16244
superintendent. A nonresident agent may ~~complete~~satisfy the	16245
training and continuing education required by division (A) of	16246
this section by completing ~~partnership program~~the training	16247
requirements in any other state, provided that the course is	16248
approved for credit by the ~~superintendent~~insurance department of	16249
that state prior to the agent taking the course.	16250

(E) Each insurer shall ~~maintain~~obtain records of the initial	16251
training and continuing education completed by agents of that	16252
insurer pursuant to division (A) of this section as well as the	16253
training completed by the insurer's agents concerning the	16254
distribution of the insurer's partnership program policies and	16255
shall make those records available to the superintendent upon	16256
request.	16257

(F) ~~The superintendent shall certify to the director of job~~	16258
~~and family services that the superintendent has verified that all~~	16259
~~agents selling, soliciting, or negotiating long-term care~~	16260
~~insurance in Ohio have completed the training and continuing~~	16261
~~education required by division (A) of this section including~~	16262
~~training concerning~~Each insurer shall maintain records with	16263
respect to the training of its agents concerning the distribution	16264
of the insurer's partnership program policies. Each insurer shall	16265
provide documentation to the superintendent that will allow the	16266
superintendent to provide assurance to the director of job and	16267
family services that agents have received the training required by	16268
this section and that agents have demonstrated an understanding of	16269
the partnership program policies and their relationship to public	16270
and private coverage of long-term care in this state, including	16271
medicaid. The superintendent may audit each insurer's records	16272
annually to verify that the insurer is maintaining the records	16273
required by this division. The superintendent shall make the	16274
records provided to the superintendent pursuant to division (E) of	16275
this section available to the director.	16276

Sec. 3925.101. With the approval of the superintendent of	16277
insurance, sections 3925.06 to 3925.09 and 3925.20 of the Revised	16278
Code shall not apply to a domestic insurance company that	16279
qualifies as a foreign country branch of a United States company	16280
that writes policies exclusively in countries other than the	16281
United States if those other countries have laws pertaining to	16282
insurance company investments and the foreign country branch is	16283
required to comply with those laws.	16284

Sec. 3961.04. (A) A discount medical plan organization or	16285
marketer shall disclose all of the following information in	16286
writing in not less than twelve-point type on the first content	16287
page of any advertisements, marketing materials, or brochures made	16288
available to the public relating to a discount medical plan and	16289
with any enrollment forms:	16290

(1) A statement that the discount medical plan is not	16291
insurance;	16292

(2) A statement that the range of discounts for medical	16293
services offered under the discount medical plan will vary	16294
depending on the type of provider and medical services;	16295

(3) A statement that the discount medical plan is prohibited	16296
from making members' payments to providers for medical services	16297
received under the discount medical plan;	16298

(4) A statement that the member is obligated to pay for all	16299
discounted medical services received under the discount medical	16300
plan;	16301

(5) The discount medical plan organization's toll-free	16302
telephone number and internet web site address that a member or	16303
prospective member may use to obtain additional information about	16304
and assistance with the discount medical plan and up-to-date lists	16305
of providers participating in the discount medical plan.	16306

(B) If a discount medical plan organization's or marketer's	16307
initial contact with a prospective member is by telephone, the	16308
organization or marketer shall disclose all of the information	16309
listed in division (A) of this section orally in addition to	16310
including such disclosures in the initial written materials	16311
provided to the prospective or new member.	16312

(C) In addition to the disclosures required under division	16313
(A) of this section, a discount medical plan organization shall	16314
provide to each prospective member, at the time of enrollment, a	16315
copy of the terms and conditions of the discount medical plan,	16316
including any limitations or restrictions on the refund of any	16317
processing fees or periodic charges associated with the discount	16318
medical plan. A discount medical plan organization also shall	16319
provide each new member a written document containing the terms	16320
and conditions of the discount medical plan and including all of	16321
the following:	16322

(1) Name of the member;

16323

(2) Benefits provided under the discount medical plan;

16324

(3) Any processing fees and periodic charges associated with	16325
the discount medical plan, including, but not limited to, if	16326
applicable, the procedures for changing the mode of payment and	16327
any accompanying additional charges;	16328

(4) Any limitations, exclusions, or exceptions regarding the	16329
receipt of discount medical plan benefits;	16330

(5) Any waiting periods for certain medical services under	16331
the discount medical plan;	16332

(6) Procedures for obtaining discounts under the discount	16333
medical plan, such as requiring members to contact the discount	16334
medical plan organization to request that the organization make an	16335
appointment with a provider on the member's behalf;	16336

(7) Cancellation and refund rights described in section	16337
3961.06 of the Revised Code;	16338

(8) Membership renewal, termination, and cancellation terms	16339
and conditions;	16340

(9) Procedures for adding new family members to the discount	16341
medical plan;	16342

(10) Procedures for filing complaints under the discount	16343
medical plan organization's complaint system and a statement	16344
explaining that, if the member remains dissatisfied after	16345
completing the organization's complaint system, the member may	16346
contact the department of insurance;	16347

(11) Name, mailing address, and toll-free telephone number of	16348
the discount medical plan organization that a member may use to	16349
make inquiries about the discount medical plan, send cancellation	16350
notices, and file complaints.	16351

(D) A discount medical plan organization shall maintain on an	16352
internet web site page an up-to-date list of the names and	16353
addresses of the providers with which the organization has	16354
contracted directly or indirectly through a provider network. The	16355
organization's internet web site address shall be prominently	16356
displayed on all of the organization's advertisements, marketing	16357
materials, brochures, and discount medical plan cards.	16358

(E) When a discount medical plan organization or marketer	16359
sells a discount medical plan together with any other product, the	16360
organization or marketer shall do either of the following:	16361

(1) Provide the charges for each discount medical plan in	16362
writing to the member;	16363

(2) Reimburse the member for all periodic charges for the	16364
discount medical plan and all periodic charges for any other	16365
product if the member cancels ~~his or her~~ membership in accordance	16366
with division (B) of section ~~3901.06~~3961.06 of the Revised Code.	16367

Sec. 4112.12. (A) There is hereby created the commission on	16368
African-American males, which shall consist of not more than	16369
~~twenty-three~~twenty-five members as follows: the directors or	16370
their designees of the departments of health, development,	16371
alcohol and drug addiction services, and job and family services;	16372
the equal employment opportunity officer of the department of	16373
administrative services or the equal employment opportunity	16374
officer's designee; the executive director or the executive	16375
director's designee of the Ohio civil rights commission; the	16376
executive director or the executive director's designee of the	16377
division of criminal justice services in the department of public	16378
safety; the superintendent of public instruction; the chancellor	16379
or the chancellor's designee of the Ohio board of regents; two	16380
members of the house of representatives appointed by the speaker	16381
of the house of representatives each of whom shall be members of	16382
different political parties; and two members of the senate	16383
appointed by the president of the senate each of whom shall be	16384
members of different political parties. The members who are	16385
members of the general assembly shall be nonvoting members. The	16386
Ohio state university African American and African studies	16387
community extension center, in consultation with the governor,	16388
shall appoint ~~two~~four members from the private corporate	16389
sector, at least four members from the public sector, and two	16390
members from the nonprofit sector.	16391

(B) Terms of office shall be for three years, except that	16392
members of the general assembly appointed to the commission shall	16393
be members only so long as they are members of the general	16394
assembly. Each term ends on the same day of the same month as did	16395
the term that it succeeds. Each member shall hold office from the	16396
date of appointment until the end of the term for which the	16397
member was appointed. Members may be reappointed. Vacancies shall	16398
be filled in the manner provided for original appointments. Any	16399
member appointed to fill a vacancy occurring prior to the	16400
expiration date of the term for which the member's predecessor was	16401
appointed shall hold office as a member for the remainder of that	16402
term. A member shall continue in office subsequent to the	16403
expiration date of the member's term until the member's successor	16404
takes office or until a period of sixty days has elapsed,	16405
whichever occurs first.	16406

The commission annually shall elect a chairperson from among	16407
its members.	16408

(C) Members of the commission and members of subcommittees	16409
appointed under division (B) of section 4112.13 of the Revised	16410
Code shall not be compensated, but shall be reimbursed for their	16411
necessary and actual expenses incurred in the performance of their	16412
official duties.	16413

(D) The Ohio state university African American and African	16414
studies community extension center, in consultation with the	16415
governor, shall appoint an executive director of the commission on	16416
African-American males, who shall be in the unclassified civil	16417
service. The executive director shall supervise the commission's	16418
activities and report to the commission and to the Ohio state	16419
university African American and African studies community	16420
extension center on the progress of those activities. The	16421
executive director shall do all things necessary for the	16422
efficient and effective implementation of the duties of the	16423
commission.	16424

The responsibilities assigned to the executive director do	16425
not relieve the members of the commission from final	16426
responsibility for the proper performance of the requirements of	16427
this division.	16428

(E) The commission on African-American males shall do all of	16429
the following:	16430

(1) Employ, promote, supervise, and remove all employees, as	16431
needed, in connection with the performance of its duties under	16432
this section;	16433

(2) Maintain its office in Columbus;

16434

(3) Acquire facilities, equipment, and supplies necessary to	16435
house the commission, its employees, and files and records under	16436
its control, and to discharge any duty imposed upon it by law. The	16437
expense of these acquisitions shall be audited and paid for in the	16438
same manner as other state expenses.	16439

(4) Establish the overall policy and management of the	16440
commission in accordance with this chapter;	16441

(5) Follow all state procurement requirements;

16442

(6) Implement the policies and plans of the Ohio state	16443
university African American and African studies community	16444
extension center as those policies and plans are formulated and	16445
adopted by the Ohio state university African American and African	16446
studies community extension center;	16447

(7) Report to the Ohio state university African American and	16448
African studies community extension center on the progress of the	16449
commission on African-American males in implementing the policies	16450
and plans of the Ohio state university African American and	16451
African studies community extension center.	16452

(F) The commission on African-American males may:

16453

(1) Hold sessions at any place within the state, except that	16454
the commission on African-American males shall meet at least	16455
quarterly;	16456

(2) Establish, change, or abolish positions, and assign and	16457
reassign duties and responsibilities of any employee of the	16458
commission on African-American males as necessary to achieve the	16459
most efficient performance of its functions.	16460

(G) The Ohio state university African American and African	16461
studies community extension center shall establish the overall	16462
policy and management of the commission on African-American males	16463
and shall direct, manage, and oversee the commission. The Ohio	16464
state university African American and African studies community	16465
extension center shall develop overall policies and plans, and the	16466
commission on African-American males shall implement those	16467
policies and plans. The commission on African-American males,	16468
through its executive director, shall keep the Ohio state	16469
university African American and African studies community	16470
extension center informed as to the activities of the commission	16471
on African-American males in such manner and at such times as the	16472
Ohio state university African American and African studies	16473
community extension center shall determine.	16474

The Ohio state university African American and African	16475
studies community extension center may prescribe duties and	16476
responsibilities of the commission on African-American males in	16477
addition to those prescribed in section 4112.13 of the Revised	16478
Code.	16479

(H) The Ohio state university African American and African	16480
studies community extension center annually shall contract for a	16481
report on the status of ~~African-Americans~~African Americans in	16482
this state. Issues to be evaluated in the report shall include	16483
the criminal justice system, education, employment, health care,	16484
and housing, and such other issues as the Ohio state university	16485
African American and African studies community extension center	16486
may specify. The report shall include policy recommendations	16487
relating to the issues covered in the report.	16488

Sec. 4117.14. (A) The procedures contained in this section	16489
govern the settlement of disputes between an exclusive	16490
representative and a public employer concerning the termination or	16491
modification of an existing collective bargaining agreement or	16492
negotiation of a successor agreement, or the negotiation of an	16493
initial collective bargaining agreement.	16494

(B)(1) In those cases where there exists a collective	16495
bargaining agreement, any public employer or exclusive	16496
representative desiring to terminate, modify, or negotiate a	16497
successor collective bargaining agreement shall:	16498

(a) Serve written notice upon the other party of the proposed	16499
termination, modification, or successor agreement. The party must	16500
serve the notice not less than sixty days prior to the expiration	16501
date of the existing agreement or, in the event the existing	16502
collective bargaining agreement does not contain an expiration	16503
date, not less than sixty days prior to the time it is proposed to	16504
make the termination or modifications or to make effective a	16505
successor agreement.	16506

(b) Offer to bargain collectively with the other party for	16507
the purpose of modifying or terminating any existing agreement or	16508
negotiating a successor agreement;	16509

(c) Notify the state employment relations board of the offer	16510
by serving upon the board a copy of the written notice to the	16511
other party and a copy of the existing collective bargaining	16512
agreement.	16513

(2) In the case of initial negotiations between a public	16514
employer and an exclusive representative, where a collective	16515
bargaining agreement has not been in effect between the parties,	16516
any party may serve notice upon the board and the other party	16517
setting forth the names and addresses of the parties and offering	16518
to meet, for a period of ninety days, with the other party for the	16519
purpose of negotiating a collective bargaining agreement.	16520

If the settlement procedures specified in divisions (B), (C),	16521
and (D) of this section govern the parties, where those procedures	16522
refer to the expiration of a collective bargaining agreement, it	16523
means the expiration of the sixty-day period to negotiate a	16524
collective bargaining agreement referred to in this subdivision,	16525
or in the case of initial negotiations, it means the ninety day	16526
period referred to in this subdivision.	16527

(3) The parties shall continue in full force and effect all	16528
the terms and conditions of any existing collective bargaining	16529
agreement, without resort to strike or lock-out, for a period of	16530
sixty days after the party gives notice or until the expiration	16531
date of the collective bargaining agreement, whichever occurs	16532
later, or for a period of ninety days where applicable.	16533

(4) Upon receipt of the notice, the parties shall enter into	16534
collective bargaining.	16535

(C) In the event the parties are unable to reach an	16536
agreement, they may submit, at any time prior to forty-five days	16537
before the expiration date of the collective bargaining agreement,	16538
the issues in dispute to any mutually agreed upon dispute	16539
settlement procedure which supersedes the procedures contained in	16540
this section.	16541

(1) The procedures may include:

16542

(a) Conventional arbitration of all unsettled issues;

16543

(b) Arbitration confined to a choice between the last offer	16544
of each party to the agreement as a single package;	16545

(c) Arbitration confined to a choice of the last offer of	16546
each party to the agreement on each issue submitted;	16547

(d) The procedures described in division (C)(1)(a), (b), or	16548
(c) of this section and including among the choices for the	16549
arbitrator, the recommendations of the fact finder, if there are	16550
recommendations, either as a single package or on each issue	16551
submitted;	16552

(e) Settlement by a citizens' conciliation council composed	16553
of three residents within the jurisdiction of the public employer.	16554
The public employer shall select one member and the exclusive	16555
representative shall select one member. The two members selected	16556
shall select the third member who shall chair the council. If the	16557
two members cannot agree upon a third member within five days	16558
after their appointments, the board shall appoint the third	16559
member. Once appointed, the council shall make a final settlement	16560
of the issues submitted to it pursuant to division (G) of this	16561
section.	16562

(f) Any other dispute settlement procedure mutually agreed to	16563
by the parties.	16564

(2) If, fifty days before the expiration date of the	16565
collective bargaining agreement, the parties are unable to reach	16566
an agreement, any party may request the state employment relations	16567
board to intervene. The request shall set forth the names and	16568
addresses of the parties, the issues involved, and, if applicable,	16569
the expiration date of any agreement.	16570

The board shall intervene and investigate the dispute to	16571
determine whether the parties have engaged in collective	16572
bargaining.	16573

If an impasse exists or forty-five days before the expiration	16574
date of the collective bargaining agreement if one exists, the	16575
board shall appoint a mediator to assist the parties in the	16576
collective bargaining process.	16577

(3) Any time after the appointment of a mediator, either	16578
party may request the appointment of a fact-finding panel. Within	16579
fifteen days after receipt of a request for a fact-finding panel,	16580
the board shall appoint a fact-finding panel of not more than	16581
three members who have been selected by the parties in accordance	16582
with rules established by the board, from a list of qualified	16583
persons maintained by the board.	16584

(a) The fact-finding panel shall, in accordance with rules	16585
and procedures established by the board that include the	16586
regulation of costs and expenses of fact-finding, gather facts and	16587
make recommendations for the resolution of the matter. The board	16588
shall by its rules require each party to specify in writing the	16589
unresolved issues and its position on each issue to the	16590
fact-finding panel. The fact-finding panel shall make final	16591
recommendations as to all the unresolved issues.	16592

(b) The board may continue mediation, order the parties to	16593
engage in collective bargaining until the expiration date of the	16594
agreement, or both.	16595

(4) The following guidelines apply to fact-finding:

16596

(a) The fact-finding panel may establish times and place of	16597
hearings which shall be, where feasible, in the jurisdiction of	16598
the state.	16599

(b) The fact-finding panel shall conduct the hearing pursuant	16600
to rules established by the board.	16601

(c) Upon request of the fact-finding panel, the board shall	16602
issue subpoenas for hearings conducted by the panel.	16603

(d) The fact-finding panel may administer oaths.

16604

(e) The board shall prescribe guidelines for the fact-finding	16605
panel to follow in making findings. In making its recommendations,	16606
the fact-finding panel shall take into consideration the factors	16607
listed in divisions (G)(7)(a) to (f) of this section.	16608

(f) The fact-finding panel may attempt mediation at any time	16609
during the fact-finding process. From the time of appointment	16610
until the fact-finding panel makes a final recommendation, it	16611
shall not discuss the recommendations for settlement of the	16612
dispute with parties other than the direct parties to the dispute.	16613

(5) The fact-finding panel, acting by a majority of its	16614
members, shall transmit its findings of fact and recommendations	16615
on the unresolved issues to the public employer and employee	16616
organization involved and to the board no later than fourteen days	16617
after the appointment of the fact-finding panel, unless the	16618
parties mutually agree to an extension. The parties shall share	16619
the cost of the fact-finding panel in a manner agreed to by the	16620
parties.	16621

(6)(a) Not later than seven days after the findings and	16622
recommendations are sent, the legislative body, by a three-fifths	16623
vote of its total membership, and in the case of the public	16624
employee organization, the membership, by a three-fifths vote of	16625
the total membership, may reject the recommendations; if neither	16626
rejects the recommendations, the recommendations shall be deemed	16627
agreed upon as the final resolution of the issues submitted and a	16628
collective bargaining agreement shall be executed between the	16629
parties, including the fact-finding panel's recommendations,	16630
except as otherwise modified by the parties by mutual agreement.	16631
If either the legislative body or the public employee organization	16632
rejects the recommendations, the board shall publicize the	16633
findings of fact and recommendations of the fact-finding panel.	16634
The board shall adopt rules governing the procedures and methods	16635
for public employees to vote on the recommendations of the	16636
fact-finding panel.	16637

(b) As used in division (C)(6)(a) of this section,	16638
"legislative body" means the controlling board when the state or	16639
any of its agencies, authorities, commissions, boards, or other	16640
branch of public employment is party to the fact-finding process.	16641

(D) If the parties are unable to reach agreement within seven	16642
days after the publication of findings and recommendations from	16643
the fact-finding panel or the collective bargaining agreement, if	16644
one exists, has expired, then the:	16645

(1) Public employees, who are members of a police or fire	16646
department, members of the state highway patrol, deputy sheriffs,	16647
dispatchers employed by a police, fire or sheriff's department or	16648
the state highway patrol or civilian dispatchers employed by a	16649
public employer other than a police, fire, or sheriff's department	16650
to dispatch police, fire, sheriff's department, or emergency	16651
medical or rescue personnel and units, an exclusive nurse's unit,	16652
employees of the state school for the deaf or the state school for	16653
the blind, employees of any public employee retirement system,	16654
corrections officers, guards at penal or mental institutions,	16655
special police officers appointed in accordance with sections	16656
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	16657
employed at mental health forensic facilities, or youth leaders	16658
employed at juvenile correctional facilities, or members of a law	16659
enforcement security force that is established and maintained	16660
exclusively by a board of county commissioners and whose members	16661
are employed by that board, shall submit the matter to a final	16662
offer settlement procedure pursuant to a board order issued	16663
forthwith to the parties to settle by a conciliator selected by	16664
the parties. The parties shall request from the board a list of	16665
five qualified conciliators and the parties shall select a single	16666
conciliator from the list by alternate striking of names. If the	16667
parties cannot agree upon a conciliator within five days after the	16668
board order, the board shall on the sixth day after its order	16669
appoint a conciliator from a list of qualified persons maintained	16670
by the board or shall request a list of qualified conciliators	16671
from the American arbitration association and appoint therefrom.	16672

(2) Public employees other than those listed in division	16673
(D)(1) of this section have the right to strike under Chapter	16674
4117. of the Revised Code provided that the employee organization	16675
representing the employees has given a ten-day prior written	16676
notice of an intent to strike to the public employer and to the	16677
board, and further provided that the strike is for full,	16678
consecutive work days and the beginning date of the strike is at	16679
least ten work days after the ending date of the most recent prior	16680
strike involving the same bargaining unit; however, the board, at	16681
its discretion, may attempt mediation at any time.	16682

(E) Nothing in this section shall be construed to prohibit	16683
the parties, at any time, from voluntarily agreeing to submit any	16684
or all of the issues in dispute to any other alternative dispute	16685
settlement procedure. An agreement or statutory requirement to	16686
arbitrate or to settle a dispute pursuant to a final offer	16687
settlement procedure and the award issued in accordance with the	16688
agreement or statutory requirement is enforceable in the same	16689
manner as specified in division (B) of section 4117.09 of the	16690
Revised Code.	16691

(F) Nothing in this section shall be construed to prohibit a	16692
party from seeking enforcement of a collective bargaining	16693
agreement or a conciliator's award as specified in division (B) of	16694
section 4117.09 of the Revised Code.	16695

(G) The following guidelines apply to final offer settlement	16696
proceedings under division (D)(1) of this section:	16697

(1) The parties shall submit to final offer settlement those	16698
issues that are subject to collective bargaining as provided by	16699
section 4117.08 of the Revised Code and upon which the parties	16700
have not reached agreement and other matters mutually agreed to by	16701
the public employer and the exclusive representative; except that	16702
the conciliator may attempt mediation at any time.	16703

(2) The conciliator shall hold a hearing within thirty days	16704
of the board's order to submit to a final offer settlement	16705
procedure, or as soon thereafter as is practicable.	16706

(3) The conciliator shall conduct the hearing pursuant to	16707
rules developed by the board. The conciliator shall establish the	16708
hearing time and place, but it shall be, where feasible, within	16709
the jurisdiction of the state. Not later than five calendar days	16710
before the hearing, each of the parties shall submit to the	16711
conciliator, to the opposing party, and to the board, a written	16712
report summarizing the unresolved issues, the party's final offer	16713
as to the issues, and the rationale for that position.	16714

(4) Upon the request by the conciliator, the board shall	16715
issue subpoenas for the hearing.	16716

(5) The conciliator may administer oaths.

16717

(6) The conciliator shall hear testimony from the parties and	16718
provide for a written record to be made of all statements at the	16719
hearing. The board shall submit for inclusion in the record and	16720
for consideration by the conciliator the written report and	16721
recommendation of the fact-finders.	16722

(7) After hearing, the conciliator shall resolve the dispute	16723
between the parties by selecting, on an issue-by-issue basis, from	16724
between each of the party's final settlement offers, taking into	16725
consideration the following:	16726

(a) Past collectively bargained agreements, if any, between	16727
the parties;	16728

(b) Comparison of the issues submitted to final offer	16729
settlement relative to the employees in the bargaining unit	16730
involved with those issues related to other public and private	16731
employees doing comparable work, giving consideration to factors	16732
peculiar to the area and classification involved;	16733

(c) The interests and welfare of the public, the ability of	16734
the public employer to finance and administer the issues proposed,	16735
and the effect of the adjustments on the normal standard of public	16736
service;	16737

(d) The lawful authority of the public employer;

16738

(e) The stipulations of the parties;

16739

(f) Such other factors, not confined to those listed in this	16740
section, which are normally or traditionally taken into	16741
consideration in the determination of the issues submitted to	16742
final offer settlement through voluntary collective bargaining,	16743
mediation, fact-finding, or other impasse resolution procedures in	16744
the public service or in private employment.	16745

(8) Final offer settlement awards made under Chapter 4117. of	16746
the Revised Code are subject to Chapter 2711. of the Revised Code.	16747

(9) If more than one conciliator is used, the determination	16748
must be by majority vote.	16749

(10) The conciliator shall make written findings of fact and	16750
promulgate a written opinion and order upon the issues presented	16751
to the conciliator, and upon the record made before the	16752
conciliator and shall mail or otherwise deliver a true copy	16753
thereof to the parties and the board.	16754

(11) Increases in rates of compensation and other matters	16755
with cost implications awarded by the conciliator may be effective	16756
only at the start of the fiscal year next commencing after the	16757
date of the final offer settlement award; provided that if a new	16758
fiscal year has commenced since the issuance of the board order to	16759
submit to a final offer settlement procedure, the awarded	16760
increases may be retroactive to the commencement of the new fiscal	16761
year. The parties may, at any time, amend or modify a	16762
conciliator's award or order by mutual agreement.	16763

(12) The parties shall bear equally the cost of the final	16764
offer settlement procedure.	16765

(13) Conciliators appointed pursuant to this section shall be	16766
residents of the state.	16767

(H) All final offer settlement awards and orders of the	16768
conciliator made pursuant to Chapter 4117. of the Revised Code are	16769
subject to review by the court of common pleas having jurisdiction	16770
over the public employer as provided in Chapter 2711. of the	16771
Revised Code. If the public employer is located in more than one	16772
court of common pleas district, the court of common pleas in which	16773
the principal office of the chief executive is located has	16774
jurisdiction.	16775

(I) The issuance of a final offer settlement award	16776
constitutes a binding mandate to the public employer and the	16777
exclusive representative to take whatever actions are necessary to	16778
implement the award.	16779

Sec. 4117.15. (A) Whenever a strike by members of a police	16780
or fire department, members of the state highway patrol, deputy	16781
sheriffs, dispatchers employed by a police, fire or sheriff's	16782
department or the state highway patrol or civilian dispatchers	16783
employed by a public employer other than a police, fire, or	16784
sheriff's department to dispatch police, fire, sheriff's	16785
department, or emergency medical or rescue personnel and units, an	16786
exclusive nurse's unit, employees of the state school for the deaf	16787
or the state school for the blind, employees of any public	16788
employee retirement system, correction officers, guards at penal	16789
or mental institutions, or special ~~policemen or policewomen~~police	16790
officers appointed in accordance with sections 5119.14 and 5123.13	16791
of the Revised Code, psychiatric attendants employed at mental	16792
health forensic facilities, youth leaders employed at juvenile	16793
correctional facilities, or members of a law enforcement security	16794
force that is established and maintained exclusively by a board of	16795
county commissioners and whose members are employed by that board,	16796
a strike by other public employees during the pendency of the	16797
settlement procedures set forth in section 4117.14 of the Revised	16798
Code, or a strike during the term or extended term of a collective	16799
bargaining agreement occurs, the public employer may seek an	16800
injunction against the strike in the court of common pleas of the	16801
county in which the strike is located.	16802

(B) An unfair labor practice by a public employer is not a	16803
defense to the injunction proceeding noted in division (A) of this	16804
section. Allegations of unfair labor practices during the	16805
settlement procedures set forth in section 4117.14 of the Revised	16806
Code shall receive priority by the state employment relations	16807
board.	16808

(C) No public employee is entitled to pay or compensation	16809
from the public employer for the period engaged in any strike.	16810

Sec. 4123.26. Every employer shall keep records of, and	16811
furnish to the bureau of workers' compensation upon request, all	16812
information required by the administrator of workers' compensation	16813
to carry out this chapter. In January of each year, every employer	16814
of the state employing one or more employees regularly in the same	16815
business, or in or about the same establishment, shall prepare and	16816
mail to the bureau at its main office in Columbus a statement	16817
containing the following information, as applicable:	16818

(A) The number of employees employed during the preceding	16819
year from the first day of January through the thirty-first day of	16820
December;	16821

(B) The number of such employees employed at each kind of	16822
employment and the aggregate amount of wages paid to such	16823
employees;	16824

(C) In accordance with the rules adopted by the administrator	16825
pursuant to division (D) of section 4123.32 of the Revised Code,	16826
if the employer employs employees who are covered under the	16827
federal "Longshore and Harbor Workers' Compensation Act," 98 Stat.	16828
1639, 33 U.S.C. 901 et seq., and under this chapter and Chapter	16829
4121. of the Revised Code, both of the following amounts:	16830

(1) The amount of wages the employer pays to those employees	16831
when the employees perform labor and provide services for which	16832
the employees are eligible to receive compensation and benefits	16833
under the federal "Longshore and Harbor Workers' Compensation	16834
Act;"	16835

(2) The amount of wages the employer pays to those employees	16836
when the employees perform labor and provide services for which	16837
the employees are eligible to receive compensation and benefits	16838
under this chapter and Chapter 4121. of the Revised Code.	16839

The allocation of wages identified by the employer pursuant	16840
to divisions (C)(1) and (2) of this section shall not be presumed	16841
to be an indication of the law under which an employee is eligible	16842
to receive compensation and benefits.	16843

The information shall be furnished on a blank to be prepared	16844
by the bureau. The bureau shall furnish the blanks to employers	16845
free of charge upon request therefor. Every employer receiving	16846
from the bureau any blank, with directions to fill out the same,	16847
shall cause the same to be properly filled out so as to answer	16848
fully and correctly all questions therein propounded, and give all	16849
the information therein sought, or if unable to do so, hethe	16850
employer shall give to the bureau in writing good and sufficient	16851
reasons for such failure. The bureau may require that the	16852
information required to be furnished be verified under oath and	16853
returned to the bureau within the period fixed by it or by law.	16854
The bureau or any person employed by the bureau for that purpose,	16855
may examine, under oath, any employer, or the officer, agent, or	16856
employee thereof, for the purpose of ascertaining any information	16857
which the employer is required to furnish to the bureau.	16858

No employer shall fail to furnish to the bureau the annual	16859
statement required by this section, nor shall any employer fail to	16860
keep records of or furnish such other information as may be	16861
required by the bureau under this section.	16862

Whoever violates this section shall forfeit five hundred	16863
dollars, to be collected in a civil action brought against the	16864
employer in the name of the state, to be paid into the state	16865
insurance fund and become a part thereof.	16866

Sec. 4123.32. The administrator of workers' compensation,	16867
with the advice and consent of the bureau of workers' compensation	16868
board of directors, shall adopt rules with respect to the	16869
collection, maintenance, and disbursements of the state insurance	16870
fund including all of the following:	16871

(A) A rule providing that the premium security deposit	16872
collected from any employer entitles the employer to the benefits	16873
of this chapter for the remainder of the six months and also for	16874
an additional adjustment period of two months, and, thereafter, if	16875
the employer pays the premium due at the close of any six-month	16876
period, coverage shall be extended for an additional eight-month	16877
period beginning from the end of the six-month period for which	16878
the employer pays the premium due;	16879

(B) A rule providing for ascertaining the correctness of any	16880
employer's report of estimated or actual expenditure of wages and	16881
the determination and adjustment of proper premiums and the	16882
payment of those premiums by the employer for or during any period	16883
less than eight months and notwithstanding any payment or	16884
determination of premium made when exceptional conditions or	16885
circumstances in the judgment of the administrator justify the	16886
action;	16887

(C) Such special rules as the administrator considers	16888
necessary to safeguard the fund and that are just in the	16889
circumstances, covering the rates to be applied where one employer	16890
takes over the occupation or industry of another or where an	16891
employer first makes application for state insurance, and the	16892
administrator may require that if any employer transfers a	16893
business in whole or in part or otherwise reorganizes the	16894
business, the successor in interest shall assume, in proportion to	16895
the extent of the transfer, as determined by the administrator,	16896
the employer's account and shall continue the payment of all	16897
contributions due under this chapter;	16898

(D) A rule providing that an employer who employs an employee	16899
covered under the federal "Longshore and Harbor Workers'	16900
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	16901
chapter and Chapter 4121. of the Revised Code shall be assessed	16902
a premium in accordance with the expenditure of wages, payroll,	16903
or both attributable to only labor performed and services	16904
provided by such an employee when the employee performs labor	16905
and provides services for which the employee is not eligible to	16906
receive compensation and benefits under that federal act.	16907

(E) A rule providing for all of the following:

16908

(1) If, within two months immediately after the expiration of	16909
the six-month period, an employer fails to file a report of the	16910
employer's actual payroll expenditures for the period, the premium	16911
found to be due from the employer for the period shall be	16912
increased in an amount equal to one per cent of the premium, but	16913
the increase shall not be less than three nor more than fifteen	16914
dollars;	16915

(2) The premium determined by the administrator to be due	16916
from an employer shall be payable on or before the end of the	16917
coverage period established by the premium security deposit, or	16918
within the time specified by the administrator if the period for	16919
which the advance premium has been paid is less than eight months.	16920
If an employer fails to pay the premium when due, the	16921
administrator may add a late fee penalty of not more than thirty	16922
dollars to the premium plus an additional penalty amount as	16923
follows:	16924

(a) For a premium from sixty-one to ninety days past due,	16925
the prime interest rate, multiplied by the premium due;	16926

(b) For a premium from ninety-one to one hundred twenty days	16927
past due, the prime interest rate plus two per cent, multiplied by	16928
the premium due;	16929

(c) For a premium from one hundred twenty-one to one hundred	16930
fifty days past due, the prime interest rate plus four per cent,	16931
multiplied by the premium due;	16932

(d) For a premium from one hundred fifty-one to one hundred	16933
eighty days past due, the prime interest rate plus six per cent,	16934
multiplied by the premium due;	16935

(e) For a premium from one hundred eighty-one to two hundred	16936
ten days past due, the prime interest rate plus eight per cent,	16937
multiplied by the premium due;	16938

(f) For each additional thirty-day period or portion thereof	16939
that a premium remains past due after it has remained past due for	16940
more than two hundred ten days, the prime interest rate plus eight	16941
per cent, multiplied by the premium due.	16942

(3) Notwithstanding the interest rates specified in division	16943
~~(D)~~(E)(2) of this section, at no time shall the additional penalty	16944
amount assessed under division ~~(D)~~(E)(2) of this section exceed	16945
fifteen per cent of the premium due.	16946

(4) An employer may appeal a late fee penalty or additional	16947
penalty to an adjudicating committee pursuant to section 4123.291	16948
of the Revised Code.	16949

For purposes of division ~~(D)~~(E) of this section, "prime	16950
interest rate" means the average bank prime rate, and the	16951
administrator shall determine the prime interest rate in the same	16952
manner as a county auditor determines the average bank prime rate	16953
under section 929.02 of the Revised Code.	16954

(5) If the employer files an appropriate payroll report,	16955
within the time provided by law or within the time specified by	16956
the administrator if the period for which the employer paid an	16957
estimated premium is less than eight months, the employer shall	16958
not be in default and division ~~(D)~~(E)(2) of this section shall not	16959
apply if the employer pays the premiums within fifteen days after	16960
being first notified by the administrator of the amount due.	16961

(6) Any deficiencies in the amounts of the premium security	16962
deposit paid by an employer for any period shall be subject to an	16963
interest charge of six per cent per annum from the date the	16964
premium obligation is incurred. In determining the interest due on	16965
deficiencies in premium security deposit payments, a charge in	16966
each case shall be made against the employer in an amount equal to	16967
interest at the rate of six per cent per annum on the premium	16968
security deposit due but remaining unpaid sixty days after notice	16969
by the administrator.	16970

(7) Any interest charges or penalties provided for in	16971
divisions ~~(D)~~(E)(2) and (6) of this section shall be credited to	16972
the employer's account for rating purposes in the same manner as	16973
premiums.	16974

~~(E)~~(F) A rule providing that each employer, on the occasion	16975
of instituting coverage under this chapter, shall submit a premium	16976
security deposit. The deposit shall be calculated equivalent to	16977
thirty per cent of the semiannual premium obligation of the	16978
employer based upon the employer's estimated expenditure for wages	16979
for the ensuing six-month period plus thirty per cent of an	16980
additional adjustment period of two months but only up to a	16981
maximum of one thousand dollars and not less than ten dollars. The	16982
administrator shall review the security deposit of every employer	16983
who has submitted a deposit which is less than the	16984
one-thousand-dollar maximum. The administrator may require any	16985
such employer to submit additional money up to the maximum of one	16986
thousand dollars that, in the administrator's opinion, reflects	16987
the employer's current payroll expenditure for an eight-month	16988
period.	16989

~~(F)~~(G) A rule providing that each employer, on the occasion	16990
of instituting coverage under this chapter, shall submit an	16991
application for coverage that completely provides all of the	16992
information required for the administrator to establish coverage	16993
for that employer, and that the employer's failure to provide all	16994
of the information completely may be grounds for the administrator	16995
to deny coverage for that employer.	16996

~~(G)~~(H) A rule providing that, in addition to any other	16997
remedies permitted in this chapter, the administrator may	16998
discontinue an employer's coverage if the employer fails to pay	16999
the premium due on or before the premium's due date.	17000

~~(H)~~(I) A rule providing that if after a final adjudication it	17001
is determined that an employer has failed to pay an obligation,	17002
billing, account, or assessment that is greater than one thousand	17003
dollars on or before its due date, the administrator may	17004
discontinue the employer's coverage in addition to any other	17005
remedies permitted in this chapter, and that the administrator	17006
shall not discontinue an employer's coverage pursuant to this	17007
division prior to a final adjudication regarding the employer's	17008
failure to pay such obligation, billing, account, or assessment on	17009
or before its due date.	17010

~~(I)~~(J) As used in divisions ~~(G) and~~ (H) and (I) of this	17011
section:	17012

(1) "Employer" has the same meaning as in division (B) of	17013
section 4123.01 of the Revised Code except that "employer" does	17014
not include the state, a state hospital, or a state university or	17015
college.	17016

(2) "State university or college" has the same meaning as in	17017
section 3345.12 of the Revised Code and also includes the Ohio	17018
agricultural research and development center and the Ohio state	17019
university cooperative extension service.	17020

(3) "State hospital" means the Ohio state university hospital	17021
and its ancillary facilities and the medical university of Ohio at	17022
Toledo hospital.	17023

Sec. 4123.37. In this section "amenable employer" has the	17024
same meaning as "employer" as defined in division ~~(O)~~(J) of	17025
section 4123.32 of the Revised Code.	17026

If the administrator of workers' compensation finds that any	17027
person, firm, or private corporation, including any public service	17028
corporation, is, or has been at any time after January 1, 1923, an	17029
amenable employer and has not complied with section 4123.35 of the	17030
Revised Code the administrator shall determine the period during	17031
which the person, firm, or corporation was an amenable employer	17032
and shall forthwith give notice of the determination to the	17033
employer. Within twenty days thereafter the employer shall furnish	17034
the bureau with the payroll covering the period included in the	17035
determination and, if the employer is an amenable employer at the	17036
time of the determination, shall pay a premium security deposit	17037
for the eight months next succeeding the date of the determination	17038
and shall pay into the state insurance fund the amount of premium	17039
applicable to such payroll.	17040

If the employer does not furnish the payroll and pay the	17041
applicable premium and premium security deposit within the twenty	17042
days, the administrator shall forthwith make an assessment of the	17043
premium due from the employer for the period the administrator	17044
determined the employer to be an amenable employer including the	17045
premium security deposit according to section 4123.32 of the	17046
Revised Code if the employer is an amenable employer at the time	17047
of the determination, basing the assessment upon the information	17048
in the possession of the administrator.	17049

The administrator shall give to the employer assessed written	17050
notice of the assessment. The notice shall be mailed to the	17051
employer at the employer's residence or usual place of business by	17052
certified mail. Unless the employer to whom the notice of	17053
assessment is directed files with the bureau within twenty days	17054
after receipt thereof, a petition in writing, verified under oath	17055
by the employer, or the employer's authorized agent having	17056
knowledge of the facts, setting forth with particularity the items	17057
of the assessment objected to, together with the reason for the	17058
objections, the assessment shall become conclusive and the amount	17059
thereof shall be due and payable from the employer so assessed to	17060
the state insurance fund. When a petition objecting to an	17061
assessment is filed the bureau shall assign a time and place for	17062
the hearing of the same and shall notify the petitioner thereof by	17063
certified mail. When an employer files a petition the assessment	17064
made by the administrator shall become due and payable ten days	17065
after notice of the finding made at the hearing has been sent by	17066
certified mail to the party assessed. An appeal may be taken from	17067
any finding to the court of common pleas of Franklin county upon	17068
the execution by the party assessed of a bond to the state in	17069
double the amount found due and ordered paid by the bureau	17070
conditioned that the party will pay any judgment and costs	17071
rendered against it for the premium.	17072

When no petition objecting to an assessment is filed or when	17073
a finding is made affirming or modifying an assessment after	17074
hearing, a certified copy of the assessment as affirmed or	17075
modified may be filed by the administrator in the office of the	17076
clerk of the court of common pleas in any county in which the	17077
employer has property or in which the employer has a place of	17078
business. The clerk, immediately upon the filing of the	17079
assessment, shall enter a judgment for the state against the	17080
employer in the amount shown on the assessment. The judgment may	17081
be filed by the clerk in a loose leaf book entitled "special	17082
judgments for state insurance fund." The judgment shall bear the	17083
same rate of interest, have the same effect as other judgments,	17084
and be given the same preference allowed by law on other judgments	17085
rendered for claims for taxes. An assessment or judgment under	17086
this section shall not be a bar to the adjustment of the	17087
employer's account upon the employer furnishing the employer's	17088
payroll records to the bureau.	17089

The administrator, for good cause shown, may waive a default	17090
in the payment of premium where the default is of less than sixty	17091
days' duration, and upon payment by the employer of the premium	17092
for the period, the employer and the employer's employees are	17093
entitled to all of the benefits and immunities provided by this	17094
chapter.	17095

Sec. 4123.54. (A) ~~Every~~Except as otherwise provided in	17096
division (I) of this section, every employee, who is injured or	17097
who contracts an occupational disease, and the dependents of each	17098
employee who is killed, or dies as the result of an occupational	17099
disease contracted in the course of employment, wherever such	17100
injury has occurred or occupational disease has been contracted,	17101
provided the same were not:	17102

(1) Purposely self-inflicted; or

17103

(2) Caused by the employee being intoxicated or under the	17104
influence of a controlled substance not prescribed by a physician	17105
where the intoxication or being under the influence of the	17106
controlled substance not prescribed by a physician was the	17107
proximate cause of the injury, is entitled to receive, either	17108
directly from the employee's self-insuring employer as provided in	17109
section 4123.35 of the Revised Code, or from the state insurance	17110
fund, the compensation for loss sustained on account of the	17111
injury, occupational disease, or death, and the medical, nurse,	17112
and hospital services and medicines, and the amount of funeral	17113
expenses in case of death, as are provided by this chapter.	17114

(B) For the purpose of this section, provided that an	17115
employer has posted written notice to employees that the results	17116
of, or the employee's refusal to submit to, any chemical test	17117
described under this division may affect the employee's	17118
eligibility for compensation and benefits pursuant to this chapter	17119
and Chapter 4121. of the Revised Code, there is a rebuttable	17120
presumption that an employee is intoxicated or under the influence	17121
of a controlled substance not prescribed by the employee's	17122
physician and that being intoxicated or under the influence of a	17123
controlled substance not prescribed by the employee's physician is	17124
the proximate cause of an injury under either of the following	17125
conditions:	17126

(1) When any one or more of the following is true:

17127

(a) The employee, through a qualifying chemical test	17128
administered within eight hours of an injury, is determined to	17129
have an alcohol concentration level equal to or in excess of the	17130
levels established in divisions (A)(1)(b) to (i) of section	17131
4511.19 of the Revised Code;	17132

(b) The employee, through a qualifying chemical test	17133
administered within thirty-two hours of an injury, is determined	17134
to have one of the following controlled substances not prescribed	17135
by the employee's physician in the employee's system that tests	17136
above the following levels in an enzyme multiplied immunoassay	17137
technique screening test and above the levels established in	17138
division (B)(1)(c) of this section in a gas chromatography mass	17139
spectrometry test:	17140

(i) For amphetamines, one thousand nanograms per milliliter	17141
of urine;	17142

(ii) For cannabinoids, fifty nanograms per milliliter of	17143
urine;	17144

(iii) For cocaine, including crack cocaine, three hundred	17145
nanograms per milliliter of urine;	17146

(iv) For opiates, two thousand nanograms per milliliter of	17147
urine;	17148

(v) For phencyclidine, twenty-five nanograms per milliliter	17149
of urine.	17150

(c) The employee, through a qualifying chemical test	17151
administered within thirty-two hours of an injury, is determined	17152
to have one of the following controlled substances not prescribed	17153
by the employee's physician in the employee's system that tests	17154
above the following levels by a gas chromatography mass	17155
spectrometry test:	17156

(i) For amphetamines, five hundred nanograms per milliliter	17157
of urine;	17158

(ii) For cannabinoids, fifteen nanograms per milliliter of	17159
urine;	17160

(iii) For cocaine, including crack cocaine, one hundred fifty	17161
nanograms per milliliter of urine;	17162

(iv) For opiates, two thousand nanograms per milliliter of	17163
urine;	17164

(v) For phencyclidine, twenty-five nanograms per milliliter	17165
of urine.	17166

(d) The employee, through a qualifying chemical test	17167
administered within thirty-two hours of an injury, is determined	17168
to have barbiturates, benzodiazepines, methadone, or propoxyphene	17169
in the employee's system that tests above levels established by	17170
laboratories certified by the United States department of health	17171
and human services.	17172

(2) When the employee refuses to submit to a requested	17173
chemical test, on the condition that that employee is or was given	17174
notice that the refusal to submit to any chemical test described	17175
in division (B)(1) of this section may affect the employee's	17176
eligibility for compensation and benefits under this chapter and	17177
Chapter 4121. of the Revised Code.	17178

(C)(1) For purposes of division (B) of this section, a	17179
chemical test is a qualifying chemical test if it is administered	17180
to an employee after an injury under at least one of the following	17181
conditions:	17182

(a) When the employee's employer had reasonable cause to	17183
suspect that the employee may be intoxicated or under the	17184
influence of a controlled substance not prescribed by the	17185
employee's physician;	17186

(b) At the request of a police officer pursuant to section	17187
4511.191 of the Revised Code, and not at the request of the	17188
employee's employer;	17189

(c) At the request of a licensed physician who is not	17190
employed by the employee's employer, and not at the request of the	17191
employee's employer.	17192

(2) As used in division (C)(1)(a) of this section,	17193
"reasonable cause" means, but is not limited to, evidence that an	17194
employee is or was using alcohol or a controlled substance drawn	17195
from specific, objective facts and reasonable inferences drawn	17196
from these facts in light of experience and training. These facts	17197
and inferences may be based on, but are not limited to, any of the	17198
following:	17199

(a) Observable phenomena, such as direct observation of use,	17200
possession, or distribution of alcohol or a controlled substance,	17201
or of the physical symptoms of being under the influence of	17202
alcohol or a controlled substance, such as but not limited to	17203
slurred speech, dilated pupils, odor of alcohol or a controlled	17204
substance, changes in affect, or dynamic mood swings;	17205

(b) A pattern of abnormal conduct, erratic or aberrant	17206
behavior, or deteriorating work performance such as frequent	17207
absenteeism, excessive tardiness, or recurrent accidents, that	17208
appears to be related to the use of alcohol or a controlled	17209
substance, and does not appear to be attributable to other	17210
factors;	17211

(c) The identification of an employee as the focus of a	17212
criminal investigation into unauthorized possession, use, or	17213
trafficking of a controlled substance;	17214

(d) A report of use of alcohol or a controlled substance	17215
provided by a reliable and credible source;	17216

(e) Repeated or flagrant violations of the safety or work	17217
rules of the employee's employer, that are determined by the	17218
employee's supervisor to pose a substantial risk of physical	17219
injury or property damage and that appear to be related to the use	17220
of alcohol or a controlled substance and that do not appear	17221
attributable to other factors.	17222

(D) Nothing in this section shall be construed to affect the	17223
rights of an employer to test employees for alcohol or controlled	17224
substance abuse.	17225

(E) For the purpose of this section, laboratories certified	17226
by the United States department of health and human services or	17227
laboratories that meet or exceed the standards of that department	17228
for laboratory certification shall be used for processing the test	17229
results of a qualifying chemical test.	17230

(F) The written notice required by division (B) of this	17231
section shall be the same size or larger then the certificate of	17232
premium payment notice furnished by the bureau of workers'	17233
compensation and shall be posted by the employer in the same	17234
location as the certificate of premium payment notice or the	17235
certificate of self-insurance.	17236

(G) If a condition that pre-existed an injury is	17237
substantially aggravated by the injury, and that substantial	17238
aggravation is documented by objective diagnostic findings,	17239
objective clinical findings, or objective test results, no	17240
compensation or benefits are payable because of the pre-existing	17241
condition once that condition has returned to a level that would	17242
have existed without the injury.	17243

(H) Whenever, with respect to an employee of an employer who	17244
is subject to and has complied with this chapter, there is	17245
possibility of conflict with respect to the application of	17246
workers' compensation laws because the contract of employment is	17247
entered into and all or some portion of the work is or is to be	17248
performed in a state or states other than Ohio, the employer and	17249
the employee may agree to be bound by the laws of this state or by	17250
the laws of some other state in which all or some portion of the	17251
work of the employee is to be performed. The agreement shall be in	17252
writing and shall be filed with the bureau of workers'	17253
compensation within ten days after it is executed and shall remain	17254
in force until terminated or modified by agreement of the parties	17255
similarly filed. If the agreement is to be bound by the laws of	17256
this state and the employer has complied with this chapter, then	17257
the employee is entitled to compensation and benefits regardless	17258
of where the injury occurs or the disease is contracted and the	17259
rights of the employee and the employee's dependents under the	17260
laws of this state are the exclusive remedy against the employer	17261
on account of injury, disease, or death in the course of and	17262
arising out of the employee's employment. If the agreement is to	17263
be bound by the laws of another state and the employer has	17264
complied with the laws of that state, the rights of the employee	17265
and the employee's dependents under the laws of that state are the	17266
exclusive remedy against the employer on account of injury,	17267
disease, or death in the course of and arising out of the	17268
employee's employment without regard to the place where the injury	17269
was sustained or the disease contracted.	17270

If any employee or the employee's dependents are awarded	17271
workers' compensation benefits or recover damages from the	17272
employer under the laws of another state, the amount awarded or	17273
recovered, whether paid or to be paid in future installments,	17274
shall be credited on the amount of any award of compensation or	17275
benefits made to the employee or the employee's dependents by the	17276
bureau.	17277

If an employee is a resident of a state other than this state	17278
and is insured under the workers' compensation law or similar laws	17279
of a state other than this state, the employee and the employee's	17280
dependents are not entitled to receive compensation or benefits	17281
under this chapter, on account of injury, disease, or death	17282
arising out of or in the course of employment while temporarily	17283
within this state, and the rights of the employee and the	17284
employee's dependents under the laws of the other state are the	17285
exclusive remedy against the employer on account of the injury,	17286
disease, or death.	17287

(I) If an employee who is covered under the federal	17288
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	17289
33 U.S.C. 901 et seq., is injured or contracts an occupational	17290
disease or dies as a result of an injury or occupational disease,	17291
and if that employee's or that employee's dependents' claim for	17292
compensation or benefits for that injury, occupational disease, or	17293
death is subject to the jurisdiction of that act, the employee or	17294
the employee's dependents are not entitled to apply for and shall	17295
not receive compensation or benefits under this chapter and	17296
Chapter 4121. of the Revised Code. The rights of such an employee	17297
and the employee's dependents under the federal "Longshore and	17298
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901	17299
et seq., are the exclusive remedy against the employer for that	17300
injury, occupational disease, or death.	17301

(J) Compensation or benefits are not payable to a claimant	17302
during the period of confinement of the claimant in any state or	17303
federal correctional institution, or in any county jail in lieu of	17304
incarceration in a state or federal correctional institution,	17305
whether in this or any other state for conviction of violation of	17306
any state or federal criminal law.	17307

Sec. 4131.03. (A) For the relief of persons who are entitled	17308
to receive benefits by virtue of the federal act, there is hereby	17309
established a coal-workers pneumoconiosis fund, which shall be	17310
separate from the funds established and administered pursuant to	17311
Chapter 4123. of the Revised Code. The fund shall consist of	17312
premiums and other payments thereto by subscribers who elect to	17313
subscribe to the fund to insure the payment of benefits required	17314
by the federal act.	17315

(B)(1) The coal-workers pneumoconiosis fund shall be in the	17316
custody of the treasurer of state. The bureau of workers'	17317
compensation shall make disbursements from the fund to those	17318
persons entitled to payment therefrom and in the amounts required	17319
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	17320
investment earnings of the fund shall be credited to the fund.	17321

(2) The administrator of workers' compensation may transfer a	17322
portion of the investment earnings credited to the coal-workers	17323
pneumoconiosis fund to the mine safety fund created in section	17324
1561.24 of the Revised Code for the purposes specified in that	17325
section. The administrator, with the advice and consent of the	17326
bureau of workers' compensation board of directors, shall adopt	17327
rules governing the transfer in order to ensure the solvency of	17328
the coal-workers pneumoconiosis fund. For that purpose, the rules	17329
may establish tests based on measures of net assets, liabilities,	17330
expenses, interest, dividend income, or other factors that the	17331
administrator determines appropriate that may be applied prior to	17332
a transfer.	17333

(C) The administrator ~~of workers' compensation~~ shall have the	17334
same powers to invest any of the surplus or reserve belonging to	17335
the coal-workers pneumoconiosis fund as are delegated to ~~him~~the	17336
administrator under section 4123.44 of the Revised Code with	17337
respect to the state insurance fund.	17338

(D) If the administrator determines that reinsurance of the	17339
risks of the coal-workers pneumoconiosis fund is necessary to	17340
assure solvency of the fund, hethe administrator may:	17341

(1) Enter into contracts for the purchase of reinsurance	17342
coverage of the risks of the fund with any company or agency	17343
authorized by law to issue contracts of reinsurance;	17344

(2) Pay the cost of reinsurance from the fund;

17345

(3) Include the costs of reinsurance as a liability and	17346
estimated liability of the fund.	17347

Sec. 4301.355. (A) If a petition is filed under section	17348
4301.333 of the Revised Code for the submission of the question or	17349
questions set forth in this section, it shall be held in the	17350
precinct as ordered by the board of elections under that section.	17351
The expense of holding the election shall be charged to the	17352
municipal corporation or township of which the precinct is a part.	17353

(B) At the election, one or more of the following questions,	17354
as designated in a valid petition, shall be submitted to the	17355
electors of the precinct:	17356

(1) "Shall the sale of .......... (insert beer, wine and	17357
mixed beverages, or spirituous liquor) be permitted by ..........	17358
(insert name of applicant, liquor permit holder, or liquor agency	17359
store, including trade or fictitious name under which applicant	17360
for, or holder of, liquor permit or liquor agency store either	17361
intends to do, or does, business at the particular location), an	17362
.......... (insert "applicant for" or "holder of" or "operator	17363
of") a .......... (insert class name of liquor permit or permits	17364
followed by the words "liquor permit(s)" or, if appropriate, the	17365
words "liquor agency store for the State of Ohio"), who is engaged	17366
in the business of .......... (insert general nature of the	17367
business in which applicant or liquor permit holder is engaged or	17368
will be engaged in at the particular location, as described in the	17369
petition) at .......... (insert address of the particular location	17370
within the precinct as set forth in the petition) in this	17371
precinct?"	17372

(2) "Shall the sale of .......... (insert beer, wine and	17373
mixed beverages, or spirituous liquor) be permitted for sale on	17374
Sunday between the hours of .......... (insert "ten a.m. and	17375
midnight" or "one p.m. and midnight") by .......... (insert name	17376
of applicant, liquor permit holder, or liquor agency store,	17377
including trade or fictitious name under which applicant for, or	17378
holder of, liquor permit or liquor agency store either intends to	17379
do, or does, business at the particular location), an ......	17380
(insert "applicant for a D-6 liquor permit," "holder of a D-6	17381
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	17382
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e,	17383
D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if	17384
only the approval of beer sales is sought, or "liquor agency	17385
store") who is engaged in the business of .......... (insert	17386
general nature of the business in which applicant or liquor permit	17387
holder is engaged or will be engaged in at the particular	17388
location, as described in the petition) at .......... (insert	17389
address of the particular location within the precinct) in this	17390
precinct?"	17391

(C) The board of elections shall furnish printed ballots at	17392
the election as provided under section 3505.06 of the Revised	17393
Code, except that a separate ballot shall be used for the election	17394
under this section. The question set forth in this section shall	17395
be printed on each ballot, and the board shall insert in the	17396
question appropriate words to complete it. Votes shall be cast as	17397
provided under section 3505.06 of the Revised Code.	17398

Sec. 4301.421. (A) For the purposes of section 307.696 of	17399
the Revised Code, to pay the expenses of administering the tax,	17400
and to pay any or all of the charge the board of elections makes	17401
against the county to hold the election on the question of levying	17402
the tax, or for those purposes and to provide revenues to the	17403
county for permanent improvements, the board of county	17404
commissioners may levy a tax on the sale of beer at a rate not to	17405
exceed sixteen cents per gallon, on the sale of cider at a rate	17406
not to exceed twenty-four cents per gallon, and on the sale of	17407
wine and mixed beverages at a rate not to exceed thirty-two cents	17408
per gallon. The tax shall be imposed on all beer, cider, wine,	17409
and mixed beverages sold for resale at retail in the county, and	17410
on all beer, cider, wine, and mixed beverages sold at retail in	17411
the county by the manufacturer, bottler, importer, or other person	17412
upon which the tax has not been paid. The tax shall not be levied	17413
on the sale of wine to be used for known sacramental purposes. The	17414
tax may be levied for any number of years not exceeding twenty.	17415
The tax shall be in addition to the taxes imposed by sections	17416
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	17417
tax shall not be considered a cost in any computation required	17418
under rules of the liquor control commission regulating minimum	17419
prices or mark-ups.	17420

Only one sale of the same article shall be used in computing,	17421
reporting, and paying the amount of tax due.	17422

The tax shall be levied pursuant to a resolution of the	17423
county commissioners approved by a majority of the electors in the	17424
county voting on the question of levying the tax, which resolution	17425
shall specify the rate of the tax, the number of years the tax	17426
will be levied, and the purposes for which the tax is levied. The	17427
election may be held on the date of a general election or special	17428
election held not sooner than seventy-five days after the date the	17429
board certifies its resolution to the board of elections. If	17430
approved by the electors, the tax shall take effect on the first	17431
day of the month specified in the resolution but not sooner than	17432
the first day of the month that is at least sixty days after the	17433
certification of the election results by the board of elections. A	17434
copy of the resolution levying the tax and the certification of	17435
the board of elections shall be certified to the tax commissioner	17436
at least sixty days prior to the date on which the tax is to	17437
become effective.	17438

A resolution under this section may be joined on the ballot	17439
as a single question with a resolution adopted under section	17440
307.697 or 5743.024 of the Revised Code to levy a tax for the same	17441
purposes and for the purpose of paying the expenses of	17442
administering the tax. The form of the ballot in an election held	17443
pursuant to this section shall be as prescribed in section 307.697	17444
of the Revised Code.	17445

(B) The board of county commissioners of a county in which a	17446
tax is imposed under this section on ~~the effective date of this~~	17447
~~amendment~~July19, 1995, may levy a tax for the purpose of section	17448
307.673 of the Revised Code regardless of whether or not the	17449
cooperative agreement authorized under that section has been	17450
entered into prior to the day the resolution adopted under	17451
division (B)(1) or (2) of this section is adopted, and for the	17452
purpose of reimbursing a county for costs incurred in the	17453
construction of a sports facility pursuant to an agreement entered	17454
into by the county under section 307.696 of the Revised Code. The	17455
tax shall be levied and approved in one of the manners prescribed	17456
by division (B)(1) or (2) of this section.	17457

(1) The tax may be levied pursuant to a resolution adopted by	17458
a majority of the members of the board of county commissioners not	17459
later than ~~forty-five days after the effective date of this~~	17460
~~amendment~~September2, 1995. A board of county commissioners	17461
approving a tax under division (B)(1) of this section may approve	17462
a tax under division (D)(1) of section 307.697 or division (C)(1)	17463
of section 5743.024 of the Revised Code at the same time. Subject	17464
to the resolution being submitted to a referendum under sections	17465
305.31 to 305.41 of the Revised Code, the resolution shall take	17466
effect immediately, but the tax levied pursuant to the resolution	17467
shall not be levied prior to the day following the last day the	17468
tax levied pursuant to division (A) of this section may be levied.	17469

(2) The tax may be levied pursuant to a resolution adopted by	17470
a majority of the members of the board of county commissioners not	17471
later than ~~forty-five days after the effective date of this~~	17472
~~amendment~~September2, 1995, and approved by a majority of the	17473
electors of the county voting on the question of levying the tax	17474
at the next succeeding general election following ~~the effective~~	17475
~~date of this amendment~~July19, 1995. The board of county	17476
commissioners shall certify a copy of the resolution to the board	17477
of elections immediately upon adopting a resolution under division	17478
(D)(2) of this section, and the board of elections shall place the	17479
question of levying the tax on the ballot at that election. The	17480
form of the ballot shall be as prescribed by division (C) of	17481
section 307.697 of the Revised Code, except that the phrase	17482
"paying not more than one-half of the costs of providing a sports	17483
facility together with related redevelopment and economic	17484
development projects" shall be replaced by the phrase "paying the	17485
costs of constructing or renovating a sports facility and	17486
reimbursing a county for costs incurred by the county in the	17487
construction of a sports facility," and the phrase ", beginning	17488
.......... (here insert the earliest date the tax would take	17489
effect)" shall be appended after "years." A board of county	17490
commissioners submitting the question of a tax under division	17491
(B)(2) of this section may submit the question of a tax under	17492
division (D)(2) of section 307.697 or division (C)(2) of section	17493
5743.024 of the Revised Code as a single question, and the form of	17494
the ballot shall include each of the proposed taxes.	17495

If approved by a majority of electors voting on the question,	17496
the tax shall take effect on the day specified on the ballot,	17497
which shall not be earlier than the day following the last day the	17498
tax levied pursuant to division (A) of this section may be levied.	17499

The rate of a tax levied pursuant to division (B)(1) or (2)	17500
of this section shall not exceed the rate specified in division	17501
(A) of this section. A tax levied pursuant to division (B)(1) or	17502
(2) of this section may be levied for any number of years not	17503
exceeding twenty.	17504

A board of county commissioners adopting a resolution under	17505
division (B)(1) or (2) of this section shall certify a copy of the	17506
resolution to the tax commissioner immediately upon adoption of	17507
the resolution.	17508

(C) No tax shall be levied under this section on or after the	17509
effective date of the amendment of this section by ....... of the	17510
127th general assembly. This division does not prevent the	17511
collection of any tax levied under this section before that date	17512
so long as that tax remains effective.	17513

Sec. 4301.424. (A) For the purpose of section 351.26 of the	17514
Revised Code and to pay any or all of the charge the board of	17515
elections makes against the county to hold the election on the	17516
question of levying the tax, the board of county commissioners, in	17517
the manner prescribed by division (A) of section 351.26 of the	17518
Revised Code, may levy a tax on each gallon of spirituous liquor;	17519
on the sale of beer; and on the sale of wine and mixed beverages.	17520
The tax on spirituous liquor shall be imposed on spirituous liquor	17521
sold to or purchased by liquor permit holders for resale, and sold	17522
at retail by the division of liquor control, in the county at a	17523
rate not greater than three dollars per gallon; the tax on beer,	17524
wine, and mixed beverages shall be imposed on all beer, wine, and	17525
mixed beverages sold for resale at retail in the county, and on	17526
all beer, wine, and mixed beverages sold at retail in the county	17527
by the manufacturer, bottler, importer, or other person and upon	17528
which the tax has not been paid. The rate of the tax on beer shall	17529
not exceed sixteen cents per gallon, and the rate of the tax on	17530
wine and mixed beverages shall not exceed thirty-two cents per	17531
gallon. Only one sale of the same article shall be used in	17532
computing, reporting, and paying the amount of tax due. The tax	17533
may be levied for any number of years not exceeding twenty.	17534

The tax shall be levied pursuant to a resolution of the board	17535
of county commissioners adopted as prescribed by division (A) of	17536
section 351.26 of the Revised Code and approved by a majority of	17537
the electors in the county voting on the question of levying the	17538
tax. The resolution shall specify the rates of the tax, the number	17539
of years the tax will be levied, and the purposes for which the	17540
tax is levied. Such election may be held on the date of a general	17541
or special election held not sooner than seventy-five days after	17542
the date the board certifies its resolution to the board of	17543
elections. If approved by the electors, the tax takes effect on	17544
the first day of the month specified in the resolution but not	17545
sooner than the first day of the month that is at least sixty days	17546
after the certification of the election results by the board of	17547
elections. A copy of the resolution levying the tax shall be	17548
certified to the division of liquor control and the tax	17549
commissioner at least sixty days prior to the date on which the	17550
tax is to become effective.	17551

(B) A resolution under this section may be joined on the	17552
ballot as a single question with a resolution adopted under	17553
section 5743.026 of the Revised Code to levy a tax for the same	17554
purposes, and for the purpose of paying the expenses of	17555
administering that tax.	17556

(C) The form of the ballot in an election held on the	17557
question of levying a tax proposed pursuant to this section shall	17558
be as prescribed by section 351.26 of the Revised Code.	17559

(D) No tax shall be levied under this section on or after the	17560
effective date of the amendment of this section by the capital	17561
appropriations act of the 127th general assembly. This division	17562
does not prevent the collection of any tax levied under this	17563
section before that date so long as that tax remains effective.	17564

Sec. 4301.62. (A) As used in this section:

17565

(1) "Chauffeured limousine" means a vehicle registered under	17566
section 4503.24 of the Revised Code.	17567

(2) "Street," "highway," and "motor vehicle" have the same	17568
meanings as in section 4511.01 of the Revised Code.	17569

(B) No person shall have in the person's possession an opened	17570
container of beer or intoxicating liquor in any of the following	17571
circumstances:	17572

(1) In a state liquor store;

17573

(2) Except as provided in division (C) of this section, on	17574
the premises of the holder of any permit issued by the division of	17575
liquor control;	17576

(3) In any other public place;

17577

(4) Except as provided in division (D) or (E) of this	17578
section, while operating or being a passenger in or on a motor	17579
vehicle on any street, highway, or other public or private	17580
property open to the public for purposes of vehicular travel or	17581
parking;	17582

(5) Except as provided in division (D) or (E) of this	17583
section, while being in or on a stationary motor vehicle on any	17584
street, highway, or other public or private property open to the	17585
public for purposes of vehicular travel or parking.	17586

(C)(1) A person may have in the person's possession an opened	17587
container of any of the following:	17588

(a) Beer or intoxicating liquor that has been lawfully	17589
purchased for consumption on the premises where bought from the	17590
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	17591
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	17592
D-5k, D-7, D-8, E, F, F-2, or F-5 permit;	17593

(b) Beer, wine, or mixed beverages served for consumption on	17594
the premises by the holder of an F-3 permit or wine served for	17595
consumption on the premises by the holder of an F-4 or F-6 permit;	17596

(c) Beer or intoxicating liquor consumed on the premises of a	17597
convention facility as provided in section 4303.201 of the Revised	17598
Code;	17599

(d) Beer or intoxicating liquor to be consumed during	17600
tastings and samplings approved by rule of the liquor control	17601
commission.	17602

(2) A person may have in the person's possession on an F	17603
liquor permit premises an opened container of beer or intoxicating	17604
liquor that was not purchased from the holder of the F permit if	17605
the premises for which the F permit is issued is a music festival	17606
and the holder of the F permit grants permission for that	17607
possession on the premises during the period for which the F	17608
permit is issued. As used in this division, "music festival" means	17609
a series of outdoor live musical performances, extending for a	17610
period of at least three consecutive days and located on an area	17611
of land of at least forty acres.	17612

(3)(a) A person may have in the person's possession on a D-2	17613
liquor permit premises an opened or unopened container of wine	17614
that was not purchased from the holder of the D-2 permit if the	17615
premises for which the D-2 permit is issued is an outdoor	17616
performing arts center, the person is attending an orchestral	17617
performance, and the holder of the D-2 permit grants permission	17618
for the possession and consumption of wine in certain	17619
predesignated areas of the premises during the period for which	17620
the D-2 permit is issued.	17621

(b) As used in division (C)(3)(a) of this section:

17622

(i) "Orchestral performance" means a concert comprised of a	17623
group of not fewer than forty musicians playing various musical	17624
instruments.	17625

(ii) "Outdoor performing arts center" means an outdoor	17626
performing arts center that is located on not less than eight	17627
hundred acres of land and that is open for performances from the	17628
first day of April to the last day of October of each year.	17629

(D) This section does not apply to a person who pays all or a	17630
portion of the fee imposed for the use of a chauffeured limousine	17631
pursuant to a prearranged contract, or the guest of the person,	17632
when all of the following apply:	17633

(1) The person or guest is a passenger in the limousine.

17634

(2) The person or guest is located in the limousine, but is	17635
not occupying a seat in the front compartment of the limousine	17636
where the operator of the limousine is located.	17637

(3) The limousine is located on any street, highway, or other	17638
public or private property open to the public for purposes of	17639
vehicular travel or parking.	17640

(E) An opened bottle of wine that was purchased from the	17641
holder of a permit that authorizes the sale of wine for	17642
consumption on the premises where sold is not an opened container	17643
for the purposes of this section if both of the following apply:	17644

(1) The opened bottle of wine is securely resealed by the	17645
permit holder or an employee of the permit holder before the	17646
bottle is removed from the premises. The bottle shall be secured	17647
in such a manner that it is visibly apparent if the bottle has	17648
been subsequently opened or tampered with.	17649

(2) The opened bottle of wine that is resealed in accordance	17650
with division (E)(1) of this section is stored in the trunk of a	17651
motor vehicle or, if the motor vehicle does not have a trunk,	17652
behind the last upright seat or in an area not normally occupied	17653
by the driver or passengers and not easily accessible by the	17654
driver.	17655

Sec. 4303.041. An A-3a permit may be issued to a distiller	17656
that manufactures less than ten thousand gallons of spirituous	17657
liquor per year. An A-3a permit holder may sell to a personal	17658
consumer, in sealed containers for consumption off the premises	17659
where manufactured, spirituous liquor that the permit holder	17660
manufactures, but sales to the personal consumer may occur only by	17661
an in-person transaction at the permit premises. The A-3a permit	17662
holder shall not ship, send, or use an H permit holder to deliver	17663
spirituous liquor to the personal consumer.	17664

"Distiller" means a person in this state who mashes,	17665
ferments, distills, and ages spirituous liquor.	17666

Not more than one A-3a permit may be issued per county and	17667
only in a county with a population exceeding eight hundred	17668
thousand.	17669

An A-3a permit holder shall sell not more than one and	17670
one-half liters of spirituous liquor per day from the permit	17671
premises to the same personal consumer.	17672

An A-3a permit holder may sell spirituous liquor in sealed	17673
containers for consumption off the premises where manufactured as	17674
an independent contractor under agreement, by virtue of the	17675
permit, with the division of liquor control. The price at which	17676
the A-3a permit holder shall sell each spirituous liquor product	17677
to a personal consumer is to be determined by the division of	17678
liquor control. For an A-3a permit holder to purchase and then	17679
offer spirituous liquor for retail sale, the spirituous liquor	17680
need not first leave the physical possession of the A-3a permit	17681
holder to be so registered. The spirituous liquor that the A-3a	17682
permit holder buys from the division of liquor control shall be	17683
maintained in a separate area of the permit premises for sale to	17684
personal consumers. The A-3a permit holder shall sell such	17685
spirituous liquor in sealed containers for consumption off the	17686
premises where manufactured as an independent contractor by virtue	17687
of the permit issued by the division of liquor control, but the	17688
permit holder shall not be compensated as provided in division	17689
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	17690
holder shall be subject to audit by the division of liquor	17691
control.	17692

The fee for the A-3a permit is three thousand nine hundred	17693
six dollars for each plant, but if the production capacity of a	17694
plant is less than five hundred wine barrels of fifty gallons each	17695
annually, the fee is two dollars per barrel.	17696

The holder of an A-3a permit may also exercise the same	17697
privileges as the holder of an A-3 permit.	17698

Sec. 4303.182. (A) Except as otherwise provided in divisions	17699
(B) to (J) of this section, permit D-6 shall be issued to the	17700
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	17701
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	17702
D-5k, or D-7 permit to allow sale under that permit between the	17703
hours of ten a.m. and midnight, or between the hours of one p.m.	17704
and midnight, on Sunday, as applicable, if that sale has been	17705
authorized under section 4301.361, 4301.364, 4301.365, or	17706
4301.366 of the Revised Code and under the restrictions of that	17707
authorization.	17708

(B) Permit D-6 shall be issued to the holder of any permit,	17709
including a D-4a and D-5d permit, authorizing the sale of	17710
intoxicating liquor issued for a premises located at any publicly	17711
owned airport, as defined in section 4563.01 of the Revised Code,	17712
at which commercial airline companies operate regularly scheduled	17713
flights on which space is available to the public, to allow sale	17714
under such permit between the hours of ten a.m. and midnight on	17715
Sunday, whether or not that sale has been authorized under section	17716
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17717

(C) Permit D-6 shall be issued to the holder of a D-5a	17718
permit, and to the holder of a D-3 or D-3a permit who is the owner	17719
or operator of a hotel or motel that is required to be licensed	17720
under section 3731.03 of the Revised Code, that contains at least	17721
fifty rooms for registered transient guests, and that has on its	17722
premises a retail food establishment or a food service operation	17723
licensed pursuant to Chapter 3717. of the Revised Code that	17724
operates as a restaurant for purposes of this chapter and is	17725
affiliated with the hotel or motel and within or contiguous to the	17726
hotel or motel and serving food within the hotel or motel, to	17727
allow sale under such permit between the hours of ten a.m. and	17728
midnight on Sunday, whether or not that sale has been authorized	17729
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	17730
Revised Code.	17731

(D) The holder of a D-6 permit that is issued to a sports	17732
facility may make sales under the permit between the hours of	17733
eleven a.m. and midnight on any Sunday on which a professional	17734
baseball, basketball, football, hockey, or soccer game is being	17735
played at the sports facility. As used in this division, "sports	17736
facility" means a stadium or arena that has a seating capacity of	17737
at least four thousand and that is owned or leased by a	17738
professional baseball, basketball, football, hockey, or soccer	17739
franchise or any combination of those franchises.	17740

(E) Permit D-6 shall be issued to the holder of any permit	17741
that authorizes the sale of beer or intoxicating liquor and that	17742
is issued to a premises located in or at the Ohio historical	17743
society area or the state fairgrounds, as defined in division (B)	17744
of section 4301.40 of the Revised Code, to allow sale under that	17745
permit between the hours of ten a.m. and midnight on Sunday,	17746
whether or not that sale has been authorized under section	17747
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17748

(F) Permit D-6 shall be issued to the holder of any permit	17749
that authorizes the sale of intoxicating liquor and that is issued	17750
to an outdoor performing arts center to allow sale under that	17751
permit between the hours of one p.m. and midnight on Sunday,	17752
whether or not that sale has been authorized under section	17753
4301.361 of the Revised Code. A D-6 permit issued under this	17754
division is subject to the results of an election, held after the	17755
D-6 permit is issued, on question (B)(4) as set forth in section	17756
4301.351 of the Revised Code. Following the end of the period	17757
during which an election may be held on question (B)(4) as set	17758
forth in that section, sales of intoxicating liquor may continue	17759
at an outdoor performing arts center under a D-6 permit issued	17760
under this division, unless an election on that question is held	17761
during the permitted period and a majority of the voters voting in	17762
the precinct on that question vote "no."	17763

As used in this division, "outdoor performing arts center"	17764
means an outdoor performing arts center that is located on not	17765
less than eight hundred acres of land and that is open for	17766
performances from the first day of April to the last day of	17767
October of each year.	17768

(G) Permit D-6 shall be issued to the holder of any permit	17769
that authorizes the sale of beer or intoxicating liquor and that	17770
is issued to a golf course owned by the state, a conservancy	17771
district, a park district created under Chapter 1545. of the	17772
Revised Code, or another political subdivision to allow sale under	17773
that permit between the hours of ten a.m. and midnight on Sunday,	17774
whether or not that sale has been authorized under section	17775
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17776

(H) Permit D-6 shall be issued to the holder of a D-5g permit	17777
to allow sale under that permit between the hours of ten a.m. and	17778
midnight on Sunday, whether or not that sale has been authorized	17779
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	17780
Revised Code.	17781

(I) Permit D-6 shall be issued to the holder of any D permit	17782
for a premises that is licensed under Chapter 3717. of the Revised	17783
Code and that is located at a ski area to allow sale under the D-6	17784
permit between the hours of ten a.m. and midnight on Sunday,	17785
whether or not that sale has been authorized under section	17786
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17787

As used in this division, "ski area" means a ski area as	17788
defined in section 4169.01 of the Revised Code, provided that the	17789
passenger tramway operator at that area is registered under	17790
section 4169.03 of the Revised Code.	17791

(J) Permit D-6 shall be issued to the holder of a D-5j permit	17792
for a permit premises that is located in a community entertainment	17793
district, as defined in section 4301.80 of the Revised Code, that	17794
was approved by the legislative authority of a municipal	17795
corporation under that section between October 1 and October 15,	17796
2005, to allow sale under the permit between the hours of ten a.m.	17797
and midnight on Sunday, whether or not that sale has been	17798
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	17799
of the Revised Code.	17800

(K) If the restriction to licensed premises where the sale of	17801
food and other goods and services exceeds fifty per cent of the	17802
total gross receipts of the permit holder at the premises is	17803
applicable, the division of liquor control may accept an affidavit	17804
from the permit holder to show the proportion of the permit	17805
holder's gross receipts derived from the sale of food and other	17806
goods and services. If the liquor control commission determines	17807
that affidavit to have been false, it shall revoke the permits of	17808
the permit holder at the premises concerned.	17809

(L) The fee for the D-6 permit is five hundred dollars when	17810
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	17811
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	17812
D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is	17813
four hundred dollars when it is issued to the holder of a C-2	17814
permit.	17815

Sec. 4510.10. (A) As used in this section, "reinstatement	17816
fees" means the fees that are required under section 4507.1612,	17817
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	17818
provision of the Revised Code, or under a schedule established by	17819
the bureau of motor vehicles, in order to reinstate a driver's or	17820
commercial driver's license or permit or nonresident operating	17821
privilege of an offender under a suspension.	17822

(B) Reinstatement fees are those fees that compensate the	17823
bureau of motor vehicles for suspensions, cancellations, or	17824
disqualifications of a person's driving privileges and to	17825
compensate the bureau and other agencies in their administration	17826
of programs intended to reduce and eliminate threats to public	17827
safety through education, treatment, and other activities. The	17828
registrar of motor vehicles shall not reinstate a driver's or	17829
commercial driver's license or permit or nonresident operating	17830
privilege of a person until the person has paid all reinstatement	17831
fees and has complied with all conditions for each suspension,	17832
cancellation, or disqualification incurred by that person.	17833

(C) AnWhen a municipal court or county court determines in a	17834
pending case involving an offender that the offender cannot	17835
reasonably pay reinstatement fees due and owing by the offender	17836
relative to one or more suspensions that have been or will be	17837
imposed by the bureau of motor vehicles or by a court of this	17838
state, the court, by order, may undertake an installment payment	17839
plan or a payment extension plan for the payment of reinstatement	17840
fees due and owing to the bureau in that pending case. The court	17841
shall establish an installment payment plan or a payment	17842
extension plan under this division in accordance with the	17843
requirements of divisions (D)(1) and (2) of this section.	17844

(D) Independent of the provisions of division (C) of this	17845
section, an offender who cannot reasonably pay reinstatement fees	17846
due and owing by the offender relative to a suspension that has	17847
been imposed on the offender may file a petition in the municipal	17848
court, county court, or, if the person is under the age of	17849
eighteen, the juvenile division of the court of common pleas in	17850
whose jurisdiction the person resides or, if the person is not a	17851
resident of this state, in the Franklin county municipal court or	17852
juvenile division of the Franklin county court of common pleas for	17853
an order that does either of the following, in order of	17854
preference:	17855

(1) Establishes a reasonable payment plan of not less than	17856
fifty dollars per month, to be paid by the offender to the bureau	17857
of motor vehicles in all succeeding months until all reinstatement	17858
fees required of the offender are paid in full;	17859

(2) If the offender, but for the payment of the reinstatement	17860
fees, otherwise would be entitled to operate a vehicle in this	17861
state or to obtain reinstatement of the offender's operating	17862
privileges, permits the offender to operate a motor vehicle, as	17863
authorized by the court, until a future date upon which date all	17864
reinstatement fees must be paid in full. A payment extension	17865
granted under this division shall not exceed one hundred eighty	17866
days, and any operating privileges granted under this division	17867
shall be solely for the purpose of permitting the offender	17868
occupational or "family necessity" privileges in order to enable	17869
the offender to reasonably acquire the delinquent reinstatement	17870
fees due and owing.	17871

~~(D)~~(E) If a municipal court, county court, or juvenile	17872
division enters an order of the type described in division (C) or	17873
division (D)(1) or (2) of this section, the court, at any time	17874
after the issuance of the order, may determine that a change of	17875
circumstances has occurred and may amend the order as justice	17876
requires, provided that the amended order also shall be an order	17877
that is permitted under division (C) or division (D)(1) or (2) of	17878
this section.	17879

~~(E)~~(F) If a court enters an order of the type described in	17880
division (C), (D)(1), ~~(C)~~(D)(2), or ~~(D)~~(E) of this section, during	17881
the pendency of the order, the offender in relation to whom it	17882
applies is not subject to prosecution for failing to pay the	17883
reinstatement fees covered by the order.	17884

~~(F)~~(G) Reinstatement fees are debts that may be discharged in	17885
bankruptcy.	17886

Sec. 4511.01. As used in this chapter and in Chapter 4513.	17887
of the Revised Code:	17888

(A) "Vehicle" means every device, including a motorized	17889
bicycle, in, upon, or by which any person or property may be	17890
transported or drawn upon a highway, except that "vehicle" does	17891
not include any motorized wheelchair, any electric personal	17892
assistive mobility device, any device that is moved by power	17893
collected from overhead electric trolley wires or that is used	17894
exclusively upon stationary rails or tracks, or any device, other	17895
than a bicycle, that is moved by human power.	17896

(B) "Motor vehicle" means every vehicle propelled or drawn by	17897
power other than muscular power or power collected from overhead	17898
electric trolley wires, except motorized bicycles, road rollers,	17899
traction engines, power shovels, power cranes, and other equipment	17900
used in construction work and not designed for or employed in	17901
general highway transportation, hole-digging machinery,	17902
well-drilling machinery, ditch-digging machinery, farm machinery,	17903
and trailers designed and used exclusively to transport a boat	17904
between a place of storage and a marina, or in and around a	17905
marina, when drawn or towed on a street or highway for a distance	17906
of no more than ten miles and at a speed of twenty-five miles per	17907
hour or less.	17908

(C) "Motorcycle" means every motor vehicle, other than a	17909
tractor, having a seat or saddle for the use of the operator and	17910
designed to travel on not more than three wheels in contact with	17911
the ground, including, but not limited to, motor vehicles known as	17912
"motor-driven cycle," "motor scooter," or "motorcycle" without	17913
regard to weight or brake horsepower.	17914

(D) "Emergency vehicle" means emergency vehicles of	17915
municipal, township, or county departments or public utility	17916
corporations when identified as such as required by law, the	17917
director of public safety, or local authorities, and motor	17918
vehicles when commandeered by a police officer.	17919

(E) "Public safety vehicle" means any of the following:

17920

(1) Ambulances, including private ambulance companies under	17921
contract to a municipal corporation, township, or county, and	17922
private ambulances and nontransport vehicles bearing license	17923
plates issued under section 4503.49 of the Revised Code;	17924

(2) Motor vehicles used by public law enforcement officers or	17925
other persons sworn to enforce the criminal and traffic laws of	17926
the state;	17927

(3) Any motor vehicle when properly identified as required by	17928
the director of public safety, when used in response to fire	17929
emergency calls or to provide emergency medical service to ill or	17930
injured persons, and when operated by a duly qualified person who	17931
is a member of a volunteer rescue service or a volunteer fire	17932
department, and who is on duty pursuant to the rules or directives	17933
of that service. The state fire marshal shall be designated by the	17934
director of public safety as the certifying agency for all public	17935
safety vehicles described in division (E)(3) of this section.	17936

(4) Vehicles used by fire departments, including motor	17937
vehicles when used by volunteer fire fighters responding to	17938
emergency calls in the fire department service when identified as	17939
required by the director of public safety.	17940

Any vehicle used to transport or provide emergency medical	17941
service to an ill or injured person, when certified as a public	17942
safety vehicle, shall be considered a public safety vehicle when	17943
transporting an ill or injured person to a hospital regardless of	17944
whether such vehicle has already passed a hospital.	17945

(5) Vehicles used by the motor carrier enforcement unit for	17946
the enforcement of orders and rules of the public utilities	17947
commission as specified in section 5503.34 of the Revised Code.	17948

(F) "School bus" means every bus designed for carrying more	17949
than nine passengers that is owned by a public, private, or	17950
governmental agency or institution of learning and operated for	17951
the transportation of children to or from a school session or a	17952
school function, or owned by a private person and operated for	17953
compensation for the transportation of children to or from a	17954
school session or a school function, provided "school bus" does	17955
not include a bus operated by a municipally owned transportation	17956
system, a mass transit company operating exclusively within the	17957
territorial limits of a municipal corporation, or within such	17958
limits and the territorial limits of municipal corporations	17959
immediately contiguous to such municipal corporation, nor a common	17960
passenger carrier certified by the public utilities commission	17961
unless such bus is devoted exclusively to the transportation of	17962
children to and from a school session or a school function, and	17963
"school bus" does not include a van or bus used by a licensed	17964
child day-care center or type A family day-care home to transport	17965
children from the child day-care center or type A family day-care	17966
home to a school if the van or bus does not have more than fifteen	17967
children in the van or bus at any time.	17968

(G) "Bicycle" means every device, other than a tricycle	17969
designed solely for use as a play vehicle by a child, propelled	17970
solely by human power upon which any person may ride having either	17971
two tandem wheels, or one wheel in the front and two wheels in the	17972
rear, any of which is more than fourteen inches in diameter.	17973

(H) "Motorized bicycle" means any vehicle having either two	17974
tandem wheels or one wheel in the front and two wheels in the	17975
rear, that is capable of being pedaled and is equipped with a	17976
helper motor of not more than fifty cubic centimeters piston	17977
displacement that produces no more than one brake horsepower and	17978
is capable of propelling the vehicle at a speed of no greater than	17979
twenty miles per hour on a level surface.	17980

(I) "Commercial tractor" means every motor vehicle having	17981
motive power designed or used for drawing other vehicles and not	17982
so constructed as to carry any load thereon, or designed or used	17983
for drawing other vehicles while carrying a portion of such other	17984
vehicles, or load thereon, or both.	17985

(J) "Agricultural tractor" means every self-propelling	17986
vehicle designed or used for drawing other vehicles or wheeled	17987
machinery but having no provision for carrying loads independently	17988
of such other vehicles, and used principally for agricultural	17989
purposes.	17990

(K) "Truck" means every motor vehicle, except trailers and	17991
semitrailers, designed and used to carry property.	17992

(L) "Bus" means every motor vehicle designed for carrying	17993
more than nine passengers and used for the transportation of	17994
persons other than in a ridesharing arrangement, and every motor	17995
vehicle, automobile for hire, or funeral car, other than a taxicab	17996
or motor vehicle used in a ridesharing arrangement, designed and	17997
used for the transportation of persons for compensation.	17998

(M) "Trailer" means every vehicle designed or used for	17999
carrying persons or property wholly on its own structure and for	18000
being drawn by a motor vehicle, including any such vehicle when	18001
formed by or operated as a combination of a "semitrailer" and a	18002
vehicle of the dolly type, such as that commonly known as a	18003
"trailer dolly," a vehicle used to transport agricultural produce	18004
or agricultural production materials between a local place of	18005
storage or supply and the farm when drawn or towed on a street or	18006
highway at a speed greater than twenty-five miles per hour, and a	18007
vehicle designed and used exclusively to transport a boat between	18008
a place of storage and a marina, or in and around a marina, when	18009
drawn or towed on a street or highway for a distance of more than	18010
ten miles or at a speed of more than twenty-five miles per hour.	18011

(N) "Semitrailer" means every vehicle designed or used for	18012
carrying persons or property with another and separate motor	18013
vehicle so that in operation a part of its own weight or that of	18014
its load, or both, rests upon and is carried by another vehicle.	18015

(O) "Pole trailer" means every trailer or semitrailer	18016
attached to the towing vehicle by means of a reach, pole, or by	18017
being boomed or otherwise secured to the towing vehicle, and	18018
ordinarily used for transporting long or irregular shaped loads	18019
such as poles, pipes, or structural members capable, generally, of	18020
sustaining themselves as beams between the supporting connections.	18021

(P) "Railroad" means a carrier of persons or property	18022
operating upon rails placed principally on a private right-of-way.	18023

(Q) "Railroad train" means a steam engine or an electric or	18024
other motor, with or without cars coupled thereto, operated by a	18025
railroad.	18026

(R) "Streetcar" means a car, other than a railroad train, for	18027
transporting persons or property, operated upon rails principally	18028
within a street or highway.	18029

(S) "Trackless trolley" means every car that collects its	18030
power from overhead electric trolley wires and that is not	18031
operated upon rails or tracks.	18032

(T) "Explosives" means any chemical compound or mechanical	18033
mixture that is intended for the purpose of producing an explosion	18034
that contains any oxidizing and combustible units or other	18035
ingredients in such proportions, quantities, or packing that an	18036
ignition by fire, by friction, by concussion, by percussion, or by	18037
a detonator of any part of the compound or mixture may cause such	18038
a sudden generation of highly heated gases that the resultant	18039
gaseous pressures are capable of producing destructive effects on	18040
contiguous objects, or of destroying life or limb. Manufactured	18041
articles shall not be held to be explosives when the individual	18042
units contain explosives in such limited quantities, of such	18043
nature, or in such packing, that it is impossible to procure a	18044
simultaneous or a destructive explosion of such units, to the	18045
injury of life, limb, or property by fire, by friction, by	18046
concussion, by percussion, or by a detonator, such as fixed	18047
ammunition for small arms, firecrackers, or safety fuse matches.	18048

(U) "Flammable liquid" means any liquid that has a flash	18049
point of seventy degrees fahrenheit, or less, as determined by a	18050
tagliabue or equivalent closed cup test device.	18051

(V) "Gross weight" means the weight of a vehicle plus the	18052
weight of any load thereon.	18053

(W) "Person" means every natural person, firm,	18054
co-partnership, association, or corporation.	18055

(X) "Pedestrian" means any natural person afoot.

18056

(Y) "Driver or operator" means every person who drives or is	18057
in actual physical control of a vehicle, trackless trolley, or	18058
streetcar.	18059

(Z) "Police officer" means every officer authorized to direct	18060
or regulate traffic, or to make arrests for violations of traffic	18061
regulations.	18062

(AA) "Local authorities" means every county, municipal, and	18063
other local board or body having authority to adopt police	18064
regulations under the constitution and laws of this state.	18065

(BB) "Street" or "highway" means the entire width between the	18066
boundary lines of every way open to the use of the public as a	18067
thoroughfare for purposes of vehicular travel.	18068

(CC) "Controlled-access highway" means every street or	18069
highway in respect to which owners or occupants of abutting lands	18070
and other persons have no legal right of access to or from the	18071
same except at such points only and in such manner as may be	18072
determined by the public authority having jurisdiction over such	18073
street or highway.	18074

(DD) "Private road or driveway" means every way or place in	18075
private ownership used for vehicular travel by the owner and those	18076
having express or implied permission from the owner but not by	18077
other persons.	18078

(EE) "Roadway" means that portion of a highway improved,	18079
designed, or ordinarily used for vehicular travel, except the berm	18080
or shoulder. If a highway includes two or more separate roadways	18081
the term "roadway" means any such roadway separately but not all	18082
such roadways collectively.	18083

(FF) "Sidewalk" means that portion of a street between the	18084
curb lines, or the lateral lines of a roadway, and the adjacent	18085
property lines, intended for the use of pedestrians.	18086

(GG) "Laned highway" means a highway the roadway of which is	18087
divided into two or more clearly marked lanes for vehicular	18088
traffic.	18089

(HH) "Through highway" means every street or highway as	18090
provided in section 4511.65 of the Revised Code.	18091

(II) "State highway" means a highway under the jurisdiction	18092
of the department of transportation, outside the limits of	18093
municipal corporations, provided that the authority conferred upon	18094
the director of transportation in section 5511.01 of the Revised	18095
Code to erect state highway route markers and signs directing	18096
traffic shall not be modified by sections 4511.01 to 4511.79 and	18097
4511.99 of the Revised Code.	18098

(JJ) "State route" means every highway that is designated	18099
with an official state route number and so marked.	18100

(KK) "Intersection" means:

18101

(1) The area embraced within the prolongation or connection	18102
of the lateral curb lines, or, if none, then the lateral boundary	18103
lines of the roadways of two highways which join one another at,	18104
or approximately at, right angles, or the area within which	18105
vehicles traveling upon different highways joining at any other	18106
angle may come in conflict.	18107

(2) Where a highway includes two roadways thirty feet or more	18108
apart, then every crossing of each roadway of such divided highway	18109
by an intersecting highway shall be regarded as a separate	18110
intersection. If an intersecting highway also includes two	18111
roadways thirty feet or more apart, then every crossing of two	18112
roadways of such highways shall be regarded as a separate	18113
intersection.	18114

(3) The junction of an alley with a street or highway, or	18115
with another alley, shall not constitute an intersection.	18116

(LL) "Crosswalk" means:

18117

(1) That part of a roadway at intersections ordinarily	18118
included within the real or projected prolongation of property	18119
lines and curb lines or, in the absence of curbs, the edges of the	18120
traversable roadway;	18121

(2) Any portion of a roadway at an intersection or elsewhere,	18122
distinctly indicated for pedestrian crossing by lines or other	18123
markings on the surface;	18124

(3) Notwithstanding divisions (LL)(1) and (2) of this	18125
section, there shall not be a crosswalk where local authorities	18126
have placed signs indicating no crossing.	18127

(MM) "Safety zone" means the area or space officially set	18128
apart within a roadway for the exclusive use of pedestrians and	18129
protected or marked or indicated by adequate signs as to be	18130
plainly visible at all times.	18131

(NN) "Business district" means the territory fronting upon a	18132
street or highway, including the street or highway, between	18133
successive intersections within municipal corporations where fifty	18134
per cent or more of the frontage between such successive	18135
intersections is occupied by buildings in use for business, or	18136
within or outside municipal corporations where fifty per cent or	18137
more of the frontage for a distance of three hundred feet or more	18138
is occupied by buildings in use for business, and the character of	18139
such territory is indicated by official traffic control devices.	18140

(OO) "Residence district" means the territory, not comprising	18141
a business district, fronting on a street or highway, including	18142
the street or highway, where, for a distance of three hundred feet	18143
or more, the frontage is improved with residences or residences	18144
and buildings in use for business.	18145

(PP) "Urban district" means the territory contiguous to and	18146
including any street or highway which is built up with structures	18147
devoted to business, industry, or dwelling houses situated at	18148
intervals of less than one hundred feet for a distance of a	18149
quarter of a mile or more, and the character of such territory is	18150
indicated by official traffic control devices.	18151

(QQ) "Traffic control devices" means all flaggers, signs,	18152
signals, markings, and devices placed or erected by authority of a	18153
public body or official having jurisdiction, for the purpose of	18154
regulating, warning, or guiding traffic, including signs denoting	18155
names of streets and highways.	18156

(RR) "Traffic control signal" means any device, whether	18157
manually, electrically, or mechanically operated, by which traffic	18158
is alternately directed to stop, to proceed, to change direction,	18159
or not to change direction.	18160

(SS) "Railroad sign or signal" means any sign, signal, or	18161
device erected by authority of a public body or official or by a	18162
railroad and intended to give notice of the presence of railroad	18163
tracks or the approach of a railroad train.	18164

(TT) "Traffic" means pedestrians, ridden or herded animals,	18165
vehicles, streetcars, trackless trolleys, and other devices,	18166
either singly or together, while using any highway for purposes of	18167
travel.	18168

(UU) "Right-of-way" means either of the following, as the	18169
context requires:	18170

(1) The right of a vehicle, streetcar, trackless trolley, or	18171
pedestrian to proceed uninterruptedly in a lawful manner in the	18172
direction in which it or the individual is moving in preference to	18173
another vehicle, streetcar, trackless trolley, or pedestrian	18174
approaching from a different direction into its or the	18175
individual's path;	18176

(2) A general term denoting land, property, or the interest	18177
therein, usually in the configuration of a strip, acquired for or	18178
devoted to transportation purposes. When used in this context,	18179
right-of-way includes the roadway, shoulders or berm, ditch, and	18180
slopes extending to the right-of-way limits under the control of	18181
the state or local authority.	18182

(VV) "Rural mail delivery vehicle" means every vehicle used	18183
to deliver United States mail on a rural mail delivery route.	18184

(WW) "Funeral escort vehicle" means any motor vehicle,	18185
including a funeral hearse, while used to facilitate the movement	18186
of a funeral procession.	18187

(XX) "Alley" means a street or highway intended to provide	18188
access to the rear or side of lots or buildings in urban districts	18189
and not intended for the purpose of through vehicular traffic, and	18190
includes any street or highway that has been declared an "alley"	18191
by the legislative authority of the municipal corporation in which	18192
such street or highway is located.	18193

(YY) "Freeway" means a divided multi-lane highway for through	18194
traffic with all crossroads separated in grade and with full	18195
control of access.	18196

(ZZ) "Expressway" means a divided arterial highway for	18197
through traffic with full or partial control of access with an	18198
excess of fifty per cent of all crossroads separated in grade.	18199

(AAA) "Thruway" means a through highway whose entire roadway	18200
is reserved for through traffic and on which roadway parking is	18201
prohibited.	18202

(BBB) "Stop intersection" means any intersection at one or	18203
more entrances of which stop signs are erected.	18204

(CCC) "Arterial street" means any United States or state	18205
numbered route, controlled access highway, or other major radial	18206
or circumferential street or highway designated by local	18207
authorities within their respective jurisdictions as part of a	18208
major arterial system of streets or highways.	18209

(DDD) "Ridesharing arrangement" means the transportation of	18210
persons in a motor vehicle where such transportation is incidental	18211
to another purpose of a volunteer driver and includes ridesharing	18212
arrangements known as carpools, vanpools, and buspools.	18213

(EEE) "Motorized wheelchair" means any self-propelled vehicle	18214
designed for, and used by, a handicapped person and that is	18215
incapable of a speed in excess of eight miles per hour.	18216

(FFF) "Child day-care center" and "type A family day-care	18217
home" have the same meanings as in section 5104.01 of the Revised	18218
Code.	18219

(GGG) "Multi-wheel agricultural tractor" means a type of	18220
agricultural tractor that has two or more wheels or tires on each	18221
side of one axle at the rear of the tractor, is designed or used	18222
for drawing other vehicles or wheeled machinery, has no provision	18223
for carrying loads independently of the drawn vehicles or	18224
machinery, and is used principally for agricultural purposes.	18225

(HHH) "Operate" means to cause or have caused movement of a	18226
vehicle, streetcar, or trackless trolley.	18227

(III) "Predicate motor vehicle or traffic offense" means any	18228
of the following:	18229

(1) A violation of section 4511.03, 4511.051, 4511.12,	18230
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	18231
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	18232
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	18233
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	18234
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	18235
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	18236
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	18237
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	18238
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	18239
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	18240

(2) A violation of division (A)(2) of section 4511.17,	18241
divisions (A) to (D) of section 4511.51, or division (A) of	18242
section 4511.74 of the Revised Code;	18243

(3) A violation of any provision of sections 4511.01 to	18244
4511.76 of the Revised Code for which no penalty otherwise is	18245
provided in the section that contains the provision violated;	18246

(4) A violation of a municipal ordinance that is	18247
substantially similar to any section or provision set forth or	18248
described in division (III)(1), (2), or (3) of this section.	18249

Sec. 4511.101. (A) There is hereby created in the state	18250
treasury the motorist service sign fund, which shall consist of	18251
proceeds from the business logo sign program established under	18252
this section. The director of transportation shall use money	18253
credited to the fund for transportation purposes, including	18254
transportation infrastructure.	18255

(B) The director of transportation, in accordance with 23	18256
U.S.C.A. 109(d), 131(f), and 315, as amended, shall establish a	18257
program for the placement of business logos for identification	18258
purposes on state directional signs within the rights-of-way of	18259
divided, multi-lane, limited access highways in both rural and	18260
urban areas.	18261

~~(B)~~(C) The director shall establish, and may revise at any	18262
time, a fee for participation in the business logo sign program.	18263
All direct and indirect costs of the business logo sign program	18264
established pursuant to this section shall be fully paid by the	18265
businesses applying for participation in the program. ~~At any~~	18266
~~interchange where a business logo sign is erected, such costs~~	18267
~~shall be divided equally among the participating businesses.~~ The	18268
direct and indirect costs of the program shall include, but not	18269
be limited to, the cost of capital, directional signs, blanks,	18270
posts, logos, installation, repair, engineering, design,	18271
insurance, removal, replacement, and administration. Money	18272
collected from participating businesses in excess of the direct	18273
and indirect costs and any reasonable profit earned by a person	18274
awarded a contract under division (D) of this section shall be	18275
retained by, or remitted to, the department and deposited to the	18276
credit of the motorist service sign fund. Nothing in this chapter	18277
shall be construed to prohibit the director from establishing such	18278
a program.	18279

~~(C)~~(D) The director, in accordance with rules adopted	18280
pursuant to Chapter 119. of the Revised Code, may contract with	18281
any private person to operate, maintain, ~~and~~or market the	18282
business logo sign program. The ~~rules shall describe the terms of~~	18283
~~the~~ contract~~, and shall~~may allow for a reasonable profit to be	18284
earned by the successful applicant. In awarding the contract, the	18285
director shall consider the skill, expertise, prior experience,	18286
and other qualifications of each applicant.	18287

~~(D)~~(E) As used in this section, "urban area" means an area	18288
having a population of fifty thousand or more according to the	18289
most recent federal census and designated as such on urban maps	18290
prepared by the department.	18291

~~(E) Neither~~(F) In implementing this section, neither the	18292
department nor the director shall do either of the following:	18293

(1) Limit the right of any person to erect, maintain, repair,	18294
remove, or utilize any off-premises or on-premises advertising	18295
device;	18296

(2) Make participation in the business logo sign program	18297
conditional upon a business agreeing to limit, discontinue,	18298
withdraw, modify, alter, or change any advertising or sign.	18299

~~(F)~~(G) The program shall permit the business logo signs of a	18300
seller of motor vehicle fuel to include on the seller's signs a	18301
marking or symbol indicating that the seller sells one or more	18302
types of alternative fuel so long as the seller in fact sells that	18303
fuel.	18304

As used in this division, "alternative fuel" has the same	18305
meaning as in section 125.831 of the Revised Code.	18306

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	18307
the Revised Code:	18308

(A) "Equivalent offense" means any of the following:

18309

(1) A violation of division (A) or (B) of section 4511.19 of	18310
the Revised Code;	18311

(2) A violation of a municipal OVI ordinance;

18312

(3) A violation of section 2903.04 of the Revised Code in a	18313
case in which the offender was subject to the sanctions described	18314
in division (D) of that section;	18315

(4) A violation of division (A)(1) of section 2903.06 or	18316
2903.08 of the Revised Code or a municipal ordinance that is	18317
substantially equivalent to either of those divisions;	18318

(5) A violation of division (A)(2), (3), or (4) of section	18319
2903.06, division (A)(2) of section 2903.08, or former section	18320
2903.07 of the Revised Code, or a municipal ordinance that is	18321
substantially equivalent to any of those divisions or that former	18322
section, in a case in which a judge or jury as the trier of fact	18323
found that the offender was under the influence of alcohol, a drug	18324
of abuse, or a combination of them;	18325

(6) A violation of an existing or former municipal ordinance,	18326
law of another state, or law of the United States that is	18327
substantially equivalent to division (A) or (B) of section 4511.19	18328
of the Revised Code;	18329

(7) A violation of a former law of this state that was	18330
substantially equivalent to division (A) or (B) of section 4511.19	18331
of the Revised Code.	18332

(B) "Mandatory jail term" means the mandatory term in jail of	18333
three, six, ten, twenty, thirty, or sixty days that must be	18334
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	18335
of the Revised Code upon an offender convicted of a violation of	18336
division (A) of that section and in relation to which all of the	18337
following apply:	18338

(1) Except as specifically authorized under section 4511.19	18339
of the Revised Code, the term must be served in a jail.	18340

(2) Except as specifically authorized under section 4511.19	18341
of the Revised Code, the term cannot be suspended, reduced, or	18342
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	18343
other provision of the Revised Code.	18344

(C) "Municipal OVI ordinance" and "municipal OVI offense"	18345
mean any municipal ordinance prohibiting a person from operating a	18346
vehicle while under the influence of alcohol, a drug of abuse, or	18347
a combination of them or prohibiting a person from operating a	18348
vehicle with a prohibited concentration of alcohol, a controlled	18349
substance, or a metabolite of a controlled substance in the whole	18350
blood, blood serum or plasma, breath, or urine.	18351

(D) "Community residential sanction," "continuous alcohol	18352
monitoring," "jail," "mandatory prison term," "mandatory term of	18353
local incarceration," "sanction," and "prison term" have the same	18354
meanings as in section 2929.01 of the Revised Code.	18355

(E) "Drug of abuse" has the same meaning as in section	18356
4506.01 of the Revised Code.	18357

Sec. 4511.191. (A)(1) As used in this section:

18358

(a) "Physical control" has the same meaning as in section	18359
4511.194 of the Revised Code.	18360

(b) "Alcohol monitoring device" means any device that	18361
provides for continuous alcohol monitoring, any ignition interlock	18362
device, any immobilizing or disabling device other than an	18363
ignition interlock device that is constantly available to monitor	18364
the concentration of alcohol in a person's system, or any other	18365
device that provides for the automatic testing and periodic	18366
reporting of alcohol consumption by a person and that a court	18367
orders a person to use as a sanction imposed as a result of the	18368
person's conviction of or plea of guilty to an offense.	18369

(2) Any person who operates a vehicle, streetcar, or	18370
trackless trolley upon a highway or any public or private property	18371
used by the public for vehicular travel or parking within this	18372
state or who is in physical control of a vehicle, streetcar, or	18373
trackless trolley shall be deemed to have given consent to a	18374
chemical test or tests of the person's whole blood, blood serum or	18375
plasma, breath, or urine to determine the alcohol, drug of abuse,	18376
controlled substance, metabolite of a controlled substance, or	18377
combination content of the person's whole blood, blood serum or	18378
plasma, breath, or urine if arrested for a violation of division	18379
(A) or (B) of section 4511.19 of the Revised Code, section	18380
4511.194 of the Revised Code or a substantially equivalent	18381
municipal ordinance, or a municipal OVI ordinance.	18382

(3) The chemical test or tests under division (A)(2) of this	18383
section shall be administered at the request of a law enforcement	18384
officer having reasonable grounds to believe the person was	18385
operating or in physical control of a vehicle, streetcar, or	18386
trackless trolley in violation of a division, section, or	18387
ordinance identified in division (A)(2) of this section. The law	18388
enforcement agency by which the officer is employed shall	18389
designate which of the tests shall be administered.	18390

(4) Any person who is dead or unconscious, or who otherwise	18391
is in a condition rendering the person incapable of refusal, shall	18392
be deemed to have consented as provided in division (A)(2) of this	18393
section, and the test or tests may be administered, subject to	18394
sections 313.12 to 313.16 of the Revised Code.	18395

(B)(1) Upon receipt of the sworn report of a law enforcement	18396
officer who arrested a person for a violation of division (A) or	18397
(B) of section 4511.19 of the Revised Code, section 4511.194 of	18398
the Revised Code or a substantially equivalent municipal	18399
ordinance, or a municipal OVI ordinance that was completed and	18400
sent to the registrar and a court pursuant to section 4511.192 of	18401
the Revised Code in regard to a person who refused to take the	18402
designated chemical test, the registrar shall enter into the	18403
registrar's records the fact that the person's driver's or	18404
commercial driver's license or permit or nonresident operating	18405
privilege was suspended by the arresting officer under this	18406
division and that section and the period of the suspension, as	18407
determined under this section. The suspension shall be subject to	18408
appeal as provided in section 4511.197 of the Revised Code. The	18409
suspension shall be for whichever of the following periods	18410
applies:	18411

(a) Except when division (B)(1)(b), (c), or (d) of this	18412
section applies and specifies a different class or length of	18413
suspension, the suspension shall be a class C suspension for the	18414
period of time specified in division (B)(3) of section 4510.02 of	18415
the Revised Code.	18416

(b) If the arrested person, within six years of the date on	18417
which the person refused the request to consent to the chemical	18418
test, had refused one previous request to consent to a chemical	18419
test, the suspension shall be a class B suspension imposed for the	18420
period of time specified in division (B)(2) of section 4510.02 of	18421
the Revised Code.	18422

(c) If the arrested person, within six years of the date on	18423
which the person refused the request to consent to the chemical	18424
test, had refused two previous requests to consent to a chemical	18425
test, the suspension shall be a class A suspension imposed for the	18426
period of time specified in division (B)(1) of section 4510.02 of	18427
the Revised Code.	18428

(d) If the arrested person, within six years of the date on	18429
which the person refused the request to consent to the chemical	18430
test, had refused three or more previous requests to consent to a	18431
chemical test, the suspension shall be for five years.	18432

(2) The registrar shall terminate a suspension of the	18433
driver's or commercial driver's license or permit of a resident or	18434
of the operating privilege of a nonresident, or a denial of a	18435
driver's or commercial driver's license or permit, imposed	18436
pursuant to division (B)(1) of this section upon receipt of notice	18437
that the person has entered a plea of guilty to, or that the	18438
person has been convicted after entering a plea of no contest to,	18439
operating a vehicle in violation of section 4511.19 of the Revised	18440
Code or in violation of a municipal OVI ordinance, if the offense	18441
for which the conviction is had or the plea is entered arose from	18442
the same incident that led to the suspension or denial.	18443

The registrar shall credit against any judicial suspension of	18444
a person's driver's or commercial driver's license or permit or	18445
nonresident operating privilege imposed pursuant to section	18446
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18447
Revised Code for a violation of a municipal OVI ordinance, any	18448
time during which the person serves a related suspension imposed	18449
pursuant to division (B)(1) of this section.	18450

(C)(1) Upon receipt of the sworn report of the law	18451
enforcement officer who arrested a person for a violation of	18452
division (A) or (B) of section 4511.19 of the Revised Code or a	18453
municipal OVI ordinance that was completed and sent to the	18454
registrar and a court pursuant to section 4511.192 of the Revised	18455
Code in regard to a person whose test results indicate that the	18456
person's whole blood, blood serum or plasma, breath, or urine	18457
contained at least the concentration of alcohol specified in	18458
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	18459
Revised Code or at least the concentration of a listed controlled	18460
substance or a listed metabolite of a controlled substance	18461
specified in division (A)(1)(j) of section 4511.19 of the Revised	18462
Code, the registrar shall enter into the registrar's records the	18463
fact that the person's driver's or commercial driver's license or	18464
permit or nonresident operating privilege was suspended by the	18465
arresting officer under this division and section 4511.192 of the	18466
Revised Code and the period of the suspension, as determined under	18467
divisions (F)(1) to (4) of this section. The suspension shall be	18468
subject to appeal as provided in section 4511.197 of the Revised	18469
Code. The suspension described in this division does not apply to,	18470
and shall not be imposed upon, a person arrested for a violation	18471
of section 4511.194 of the Revised Code or a substantially	18472
equivalent municipal ordinance who submits to a designated	18473
chemical test. The suspension shall be for whichever of the	18474
following periods applies:	18475

(a) Except when division (C)(1)(b), (c), or (d) of this	18476
section applies and specifies a different period, the suspension	18477
shall be a class E suspension imposed for the period of time	18478
specified in division (B)(5) of section 4510.02 of the Revised	18479
Code.	18480

(b) The suspension shall be a class C suspension for the	18481
period of time specified in division (B)(3) of section 4510.02 of	18482
the Revised Code if the person has been convicted of or pleaded	18483
guilty to, within six years of the date the test was conducted,	18484
one violation of division (A) or (B) of section 4511.19 of the	18485
Revised Code or one other equivalent offense.	18486

(c) If, within six years of the date the test was conducted,	18487
the person has been convicted of or pleaded guilty to two	18488
violations of a statute or ordinance described in division	18489
(C)(1)(b) of this section, the suspension shall be a class B	18490
suspension imposed for the period of time specified in division	18491
(B)(2) of section 4510.02 of the Revised Code.	18492

(d) If, within six years of the date the test was conducted,	18493
the person has been convicted of or pleaded guilty to more than	18494
two violations of a statute or ordinance described in division	18495
(C)(1)(b) of this section, the suspension shall be a class A	18496
suspension imposed for the period of time specified in division	18497
(B)(1) of section 4510.02 of the Revised Code.	18498

(2) The registrar shall terminate a suspension of the	18499
driver's or commercial driver's license or permit of a resident or	18500
of the operating privilege of a nonresident, or a denial of a	18501
driver's or commercial driver's license or permit, imposed	18502
pursuant to division (C)(1) of this section upon receipt of notice	18503
that the person has entered a plea of guilty to, or that the	18504
person has been convicted after entering a plea of no contest to,	18505
operating a vehicle in violation of section 4511.19 of the Revised	18506
Code or in violation of a municipal OVI ordinance, if the offense	18507
for which the conviction is had or the plea is entered arose from	18508
the same incident that led to the suspension or denial.	18509

The registrar shall credit against any judicial suspension of	18510
a person's driver's or commercial driver's license or permit or	18511
nonresident operating privilege imposed pursuant to section	18512
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18513
Revised Code for a violation of a municipal OVI ordinance, any	18514
time during which the person serves a related suspension imposed	18515
pursuant to division (C)(1) of this section.	18516

(D)(1) A suspension of a person's driver's or commercial	18517
driver's license or permit or nonresident operating privilege	18518
under this section for the time described in division (B) or (C)	18519
of this section is effective immediately from the time at which	18520
the arresting officer serves the notice of suspension upon the	18521
arrested person. Any subsequent finding that the person is not	18522
guilty of the charge that resulted in the person being requested	18523
to take the chemical test or tests under division (A) of this	18524
section does not affect the suspension.	18525

(2) If a person is arrested for operating a vehicle,	18526
streetcar, or trackless trolley in violation of division (A) or	18527
(B) of section 4511.19 of the Revised Code or a municipal OVI	18528
ordinance, or for being in physical control of a vehicle,	18529
streetcar, or trackless trolley in violation of section 4511.194	18530
of the Revised Code or a substantially equivalent municipal	18531
ordinance, regardless of whether the person's driver's or	18532
commercial driver's license or permit or nonresident operating	18533
privilege is or is not suspended under division (B) or (C) of this	18534
section or Chapter 4510. of the Revised Code, the person's initial	18535
appearance on the charge resulting from the arrest shall be held	18536
within five days of the person's arrest or the issuance of the	18537
citation to the person, subject to any continuance granted by the	18538
court pursuant to section 4511.197 of the Revised Code regarding	18539
the issues specified in that division.	18540

(E) When it finally has been determined under the procedures	18541
of this section and sections 4511.192 to 4511.197 of the Revised	18542
Code that a nonresident's privilege to operate a vehicle within	18543
this state has been suspended, the registrar shall give	18544
information in writing of the action taken to the motor vehicle	18545
administrator of the state of the person's residence and of any	18546
state in which the person has a license.	18547

(F) At the end of a suspension period under this section,	18548
under section 4511.194, section 4511.196, or division (G) of	18549
section 4511.19 of the Revised Code, or under section 4510.07 of	18550
the Revised Code for a violation of a municipal OVI ordinance and	18551
upon the request of the person whose driver's or commercial	18552
driver's license or permit was suspended and who is not otherwise	18553
subject to suspension, cancellation, or disqualification, the	18554
registrar shall return the driver's or commercial driver's license	18555
or permit to the person upon the occurrence of all of the	18556
conditions specified in divisions (F)(1) and (2) of this section:	18557

(1) A showing that the person has proof of financial	18558
responsibility, a policy of liability insurance in effect that	18559
meets the minimum standards set forth in section 4509.51 of the	18560
Revised Code, or proof, to the satisfaction of the registrar, that	18561
the person is able to respond in damages in an amount at least	18562
equal to the minimum amounts specified in section 4509.51 of the	18563
Revised Code.	18564

(2) Subject to the limitation contained in division (F)(3) of	18565
this section, payment by the person to the bureau of motor	18566
vehicles of a license reinstatement fee of four hundred	18567
twenty-five dollars, which fee shall be deposited in the state	18568
treasury and credited as follows:	18569

(a) One hundred twelve dollars and fifty cents shall be	18570
credited to the statewide treatment and prevention fund created by	18571
section 4301.30 of the Revised Code. The fund shall be used to	18572
pay the costs of driver treatment and intervention programs	18573
operated pursuant to sections 3793.02 and 3793.10 of the Revised	18574
Code. The director of alcohol and drug addiction services shall	18575
determine the share of the fund that is to be allocated to alcohol	18576
and drug addiction programs authorized by section 3793.02 of the	18577
Revised Code, and the share of the fund that is to be allocated to	18578
drivers' intervention programs authorized by section 3793.10 of	18579
the Revised Code.	18580

(b) Seventy-five dollars shall be credited to the reparations	18581
fund created by section 2743.191 of the Revised Code.	18582

(c) Thirty-seven dollars and fifty cents shall be credited to	18583
the indigent drivers alcohol treatment fund, which is hereby	18584
established. Except as otherwise provided in division (F)(2)(c) of	18585
this section, moneys in the fund shall be distributed by the	18586
department of alcohol and drug addiction services to the county	18587
indigent drivers alcohol treatment funds, the county juvenile	18588
indigent drivers alcohol treatment funds, and the municipal	18589
indigent drivers alcohol treatment funds that are required to be	18590
established by counties and municipal corporations pursuant to	18591
this section, and shall be used only to pay the cost of an alcohol	18592
and drug addiction treatment program attended by an offender or	18593
juvenile traffic offender who is ordered to attend an alcohol and	18594
drug addiction treatment program by a county, juvenile, or	18595
municipal court judge and who is determined by the county,	18596
juvenile, or municipal court judge not to have the means to pay	18597
for the person's attendance at the program or to pay the costs	18598
specified in division (H)(4) of this section in accordance with	18599
that division. In addition, a county, juvenile, or municipal court	18600
judge may use moneys in the county indigent drivers alcohol	18601
treatment fund, county juvenile indigent drivers alcohol treatment	18602
fund, or municipal indigent drivers alcohol treatment fund to pay	18603
for the cost of the continued use of an ~~electronic continuous~~	18604
alcohol monitoring device as described in divisions (H)(3) and (4)	18605
of this section. Moneys in the fund that are not distributed to a	18606
county indigent drivers alcohol treatment fund, a county juvenile	18607
indigent drivers alcohol treatment fund, or a municipal indigent	18608
drivers alcohol treatment fund under division (H) of this section	18609
because the director of alcohol and drug addiction services does	18610
not have the information necessary to identify the county or	18611
municipal corporation where the offender or juvenile offender was	18612
arrested may be transferred by the director of budget and	18613
management to the statewide treatment and prevention fund created	18614
by section 4301.30 of the Revised Code, upon certification of the	18615
amount by the director of alcohol and drug addiction services.	18616

(d) Seventy-five dollars shall be credited to the Ohio	18617
rehabilitation services commission established by section 3304.12	18618
of the Revised Code, to the services for rehabilitation fund,	18619
which is hereby established. The fund shall be used to match	18620
available federal matching funds where appropriate, and for any	18621
other purpose or program of the commission to rehabilitate people	18622
with disabilities to help them become employed and independent.	18623

(e) Seventy-five dollars shall be deposited into the state	18624
treasury and credited to the drug abuse resistance education	18625
programs fund, which is hereby established, to be used by the	18626
attorney general for the purposes specified in division (F)(4) of	18627
this section.	18628

(f) Thirty dollars shall be credited to the state bureau of	18629
motor vehicles fund created by section 4501.25 of the Revised	18630
Code.	18631

(g) Twenty dollars shall be credited to the trauma and	18632
emergency medical services grants fund created by section 4513.263	18633
of the Revised Code.	18634

(3) If a person's driver's or commercial driver's license or	18635
permit is suspended under this section, under section 4511.196 or	18636
division (G) of section 4511.19 of the Revised Code, under section	18637
4510.07 of the Revised Code for a violation of a municipal OVI	18638
ordinance or under any combination of the suspensions described in	18639
division (F)(3) of this section, and if the suspensions arise from	18640
a single incident or a single set of facts and circumstances, the	18641
person is liable for payment of, and shall be required to pay to	18642
the bureau, only one reinstatement fee of four hundred twenty-five	18643
dollars. The reinstatement fee shall be distributed by the bureau	18644
in accordance with division (F)(2) of this section.	18645

(4) The attorney general shall use amounts in the drug abuse	18646
resistance education programs fund to award grants to law	18647
enforcement agencies to establish and implement drug abuse	18648
resistance education programs in public schools. Grants awarded to	18649
a law enforcement agency under this section shall be used by the	18650
agency to pay for not more than fifty per cent of the amount of	18651
the salaries of law enforcement officers who conduct drug abuse	18652
resistance education programs in public schools. The attorney	18653
general shall not use more than six per cent of the amounts the	18654
attorney general's office receives under division (F)(2)(e) of	18655
this section to pay the costs it incurs in administering the grant	18656
program established by division (F)(2)(e) of this section and in	18657
providing training and materials relating to drug abuse resistance	18658
education programs.	18659

The attorney general shall report to the governor and the	18660
general assembly each fiscal year on the progress made in	18661
establishing and implementing drug abuse resistance education	18662
programs. These reports shall include an evaluation of the	18663
effectiveness of these programs.	18664

(G) Suspension of a commercial driver's license under	18665
division (B) or (C) of this section shall be concurrent with any	18666
period of disqualification under section 3123.611 or 4506.16 of	18667
the Revised Code or any period of suspension under section 3123.58	18668
of the Revised Code. No person who is disqualified for life from	18669
holding a commercial driver's license under section 4506.16 of the	18670
Revised Code shall be issued a driver's license under Chapter	18671
4507. of the Revised Code during the period for which the	18672
commercial driver's license was suspended under division (B) or	18673
(C) of this section. No person whose commercial driver's license	18674
is suspended under division (B) or (C) of this section shall be	18675
issued a driver's license under Chapter 4507. of the Revised Code	18676
during the period of the suspension.	18677

(H)(1) Each county shall establish an indigent drivers	18678
alcohol treatment fund, each county shall establish a juvenile	18679
indigent drivers alcohol treatment fund, and each municipal	18680
corporation in which there is a municipal court shall establish an	18681
indigent drivers alcohol treatment fund. All revenue that the	18682
general assembly appropriates to the indigent drivers alcohol	18683
treatment fund for transfer to a county indigent drivers alcohol	18684
treatment fund, a county juvenile indigent drivers alcohol	18685
treatment fund, or a municipal indigent drivers alcohol treatment	18686
fund, all portions of fees that are paid under division (F) of	18687
this section and that are credited under that division to the	18688
indigent drivers alcohol treatment fund in the state treasury for	18689
a county indigent drivers alcohol treatment fund, a county	18690
juvenile indigent drivers alcohol treatment fund, or a municipal	18691
indigent drivers alcohol treatment fund, all portions of	18692
additional costs imposed under section 2949.094 of the Revised	18693
Code that are specified for deposit into a county, county	18694
juvenile, or municipal indigent drivers alcohol treatment fund by	18695
that section, and all portions of fines that are specified for	18696
deposit into a county or municipal indigent drivers alcohol	18697
treatment fund by section 4511.193 of the Revised Code shall be	18698
deposited into that county indigent drivers alcohol treatment	18699
fund, county juvenile indigent drivers alcohol treatment fund, or	18700
municipal indigent drivers alcohol treatment fund in accordance	18701
with division (H)(2) of this section. Additionally, all portions	18702
of fines that are paid for a violation of section 4511.19 of the	18703
Revised Code or of any prohibition contained in Chapter 4510. of	18704
the Revised Code, and that are required under section 4511.19 or	18705
any provision of Chapter 4510. of the Revised Code to be deposited	18706
into a county indigent drivers alcohol treatment fund or municipal	18707
indigent drivers alcohol treatment fund shall be deposited into	18708
the appropriate fund in accordance with the applicable division.	18709

(2) That portion of the license reinstatement fee that is	18710
paid under division (F) of this section and that is credited under	18711
that division to the indigent drivers alcohol treatment fund and	18712
that portion of the additional court cost that is imposed under	18713
section 2949.094 of the Revised Code and that is specified by that	18714
section for deposit into the indigent drivers alcohol treatment	18715
fund shall be deposited into a county indigent drivers alcohol	18716
treatment fund, a county juvenile indigent drivers alcohol	18717
treatment fund, or a municipal indigent drivers alcohol treatment	18718
fund as follows:	18719

(a) ~~If the~~Regarding a suspension ~~in question was~~ imposed	18720
under this section or additional court costs, that portion of the	18721
fee shall be deposited as follows:	18722

(i) If the fee or court cost is paid by a person who was	18723
charged in a county court with the violation that resulted in the	18724
suspension or in the imposition of the court costs, the portion	18725
shall be deposited into the county indigent drivers alcohol	18726
treatment fund under the control of that court;	18727

(ii) If the fee or court cost is paid by a person who was	18728
charged in a juvenile court with the violation that resulted in	18729
the suspension or in the imposition of the court costs, the	18730
portion shall be deposited into the county juvenile indigent	18731
drivers alcohol treatment fund established in the county served by	18732
the court;	18733

(iii) If the fee or court cost is paid by a person who was	18734
charged in a municipal court with the violation that resulted in	18735
the suspension or in the imposition of the court costs, the	18736
portion shall be deposited into the municipal indigent drivers	18737
alcohol treatment fund under the control of that court.	18738

(b) ~~If the~~Regarding a suspension ~~in question was~~ imposed	18739
under section 4511.19 of the Revised Code or under section 4510.07	18740
of the Revised Code for a violation of a municipal OVI ordinance,	18741
that portion of the fee shall be deposited as follows:	18742

(i) If the fee is paid by a person whose license or permit	18743
was suspended by a county court, the portion shall be deposited	18744
into the county indigent drivers alcohol treatment fund under the	18745
control of that court;	18746

(ii) If the fee is paid by a person whose license or permit	18747
was suspended by a municipal court, the portion shall be deposited	18748
into the municipal indigent drivers alcohol treatment fund under	18749
the control of that court.	18750

(3) Expenditures from a county indigent drivers alcohol	18751
treatment fund, a county juvenile indigent drivers alcohol	18752
treatment fund, or a municipal indigent drivers alcohol treatment	18753
fund shall be made only upon the order of a county, juvenile, or	18754
municipal court judge and only for payment of the cost of the	18755
attendance at an alcohol and drug addiction treatment program of a	18756
person who is convicted of, or found to be a juvenile traffic	18757
offender by reason of, a violation of division (A) of section	18758
4511.19 of the Revised Code or a substantially similar municipal	18759
ordinance, who is ordered by the court to attend the alcohol and	18760
drug addiction treatment program, and who is determined by the	18761
court to be unable to pay the cost of attendance at the treatment	18762
program or for payment of the costs specified in division (H)(4)	18763
of this section in accordance with that division. The alcohol and	18764
drug addiction services board or the board of alcohol, drug	18765
addiction, and mental health services established pursuant to	18766
section 340.02 or 340.021 of the Revised Code and serving the	18767
alcohol, drug addiction, and mental health service district in	18768
which the court is located shall administer the indigent drivers	18769
alcohol treatment program of the court. When a court orders an	18770
offender or juvenile traffic offender to attend an alcohol and	18771
drug addiction treatment program, the board shall determine which	18772
program is suitable to meet the needs of the offender or juvenile	18773
traffic offender, and when a suitable program is located and space	18774
is available at the program, the offender or juvenile traffic	18775
offender shall attend the program designated by the board. A	18776
reasonable amount not to exceed five per cent of the amounts	18777
credited to and deposited into the county indigent drivers alcohol	18778
treatment fund, the county juvenile indigent drivers alcohol	18779
treatment fund, or the municipal indigent drivers alcohol	18780
treatment fund serving every court whose program is administered	18781
by that board shall be paid to the board to cover the costs it	18782
incurs in administering those indigent drivers alcohol treatment	18783
programs.	18784

In addition, a county, juvenile, or municipal court judge may	18785
use moneys in the county indigent drivers alcohol treatment fund,	18786
county juvenile indigent drivers alcohol treatment fund, or	18787
municipal indigent drivers alcohol treatment fund in the following	18788
manners:	18789

(a) If the source of the moneys was an appropriation of the	18790
general assembly, a portion of a fee that was paid under division	18791
(F) of this section, a portion of a fine that was specified for	18792
deposit into the fund by section 4511.193 of the Revised Code, or	18793
a portion of a fine that was paid for a violation of section	18794
4511.19 of the Revised Code or of a provision contained in Chapter	18795
4510. of the Revised Code that was required to be deposited into	18796
the fund, to pay for the continued use of an ~~electronic~~	18797
~~continuous~~ alcohol monitoring device by an offender or juvenile	18798
traffic offender, in conjunction with a treatment program	18799
approved by the department of alcohol and drug addiction	18800
services, when such use is determined clinically necessary by the	18801
treatment program and when the court determines that the offender	18802
or juvenile traffic offender is unable to pay all or part of the	18803
daily monitoring or cost of the device;	18804

(b) If the source of the moneys was a portion of an	18805
additional court cost imposed under section 2949.094 of the	18806
Revised Code, to pay for the continued use of an alcohol	18807
monitoring device by an offender or juvenile traffic offender	18808
when the court determines that the offender or juvenile traffic	18809
offender is unable to pay all or part of the daily monitoring or	18810
cost of the device. The moneys may be used for a device as	18811
described in this division if the use of the device is in	18812
conjunction with a treatment program approved by the department	18813
of alcohol and drug addiction services, when the use of the device	18814
is determined clinically necessary by the treatment program, but	18815
the use of a device is not required to be in conjunction with a	18816
treatment program approved by the department in order for the	18817
moneys to be used for the device as described in this division.	18818

(4) If a county, juvenile, or municipal court determines, in	18819
consultation with the alcohol and drug addiction services board or	18820
the board of alcohol, drug addiction, and mental health services	18821
established pursuant to section 340.02 or 340.021 of the Revised	18822
Code and serving the alcohol, drug addiction, and mental health	18823
district in which the court is located, that the funds in the	18824
county indigent drivers alcohol treatment fund, the county	18825
juvenile indigent drivers alcohol treatment fund, or the municipal	18826
indigent drivers alcohol treatment fund under the control of the	18827
court are more than sufficient to satisfy the purpose for which	18828
the fund was established, as specified in divisions (H)(1) to (3)	18829
of this section, the court may declare a surplus in the fund. If	18830
the court declares a surplus in the fund, the court may expend the	18831
amount of the surplus in the fund for:	18832

(a) Alcohol and drug abuse assessment and treatment of	18833
persons who are charged in the court with committing a criminal	18834
offense or with being a delinquent child or juvenile traffic	18835
offender and in relation to whom both of the following apply:	18836

(i) The court determines that substance abuse was a	18837
contributing factor leading to the criminal or delinquent activity	18838
or the juvenile traffic offense with which the person is charged.	18839

(ii) The court determines that the person is unable to pay	18840
the cost of the alcohol and drug abuse assessment and treatment	18841
for which the surplus money will be used.	18842

(b) All or part of the cost of purchasing ~~electronic~~	18843
~~continuous~~ alcohol monitoring devices to be used in conjunction	18844
with division (H)(3) of this section.	18845

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	18846
Revised Code:	18847

(A)(1) "Clinical laboratory services" means either of the	18848
following:	18849

(a) Any examination of materials derived from the human body	18850
for the purpose of providing information for the diagnosis,	18851
prevention, or treatment of any disease or impairment or for the	18852
assessment of health;	18853

(b) Procedures to determine, measure, or otherwise describe	18854
the presence or absence of various substances or organisms in the	18855
body.	18856

(2) "Clinical laboratory services" does not include the mere	18857
collection or preparation of specimens.	18858

(B) "Designated health services" means any of the following:

18859

(1) Clinical laboratory services;

18860

(2) Home health care services;

18861

(3) Outpatient prescription drugs.

18862

(C) "Fair market value" means the value in arms-length	18863
transactions, consistent with general market value and:	18864

(1) With respect to rentals or leases, the value of rental	18865
property for general commercial purposes, not taking into account	18866
its intended use;	18867

(2) With respect to a lease of space, not adjusted to reflect	18868
the additional value the prospective lessee or lessor would	18869
attribute to the proximity or convenience to the lessor if the	18870
lessor is a potential source of referrals to the lessee.	18871

(D) "Governmental health care program" means any program	18872
providing health care benefits that is administered by the federal	18873
government, this state, or a political subdivision of this state,	18874
including the medicare program established under Title XVIII of	18875
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	18876
as amended, health care coverage for public employees, health care	18877
benefits administered by the bureau of workers' compensation, the	18878
~~medical assistance~~medicaid program established under Chapter	18879
5111. of the Revised Code, ~~and~~ the disability medical assistance	18880
program established under Chapter 5115. of the Revised Code, and	18881
the children's buy-in program established under sections 5101.5211	18882
to 5101.5216 of the Revised Code.	18883

(E)(1) "Group practice" means a group of two or more holders	18884
of certificates under this chapter legally organized as a	18885
partnership, professional corporation or association, limited	18886
liability company, foundation, nonprofit corporation, faculty	18887
practice plan, or similar group practice entity, including an	18888
organization comprised of a nonprofit medical clinic that	18889
contracts with a professional corporation or association of	18890
physicians to provide medical services exclusively to patients of	18891
the clinic in order to comply with section 1701.03 of the Revised	18892
Code and including a corporation, limited liability company,	18893
partnership, or professional association described in division (B)	18894
of section 4731.226 of the Revised Code formed for the purpose of	18895
providing a combination of the professional services of	18896
optometrists who are licensed, certificated, or otherwise legally	18897
authorized to practice optometry under Chapter 4725. of the	18898
Revised Code, chiropractors who are licensed, certificated, or	18899
otherwise legally authorized to practice chiropractic or	18900
acupuncture under Chapter 4734. of the Revised Code, psychologists	18901
who are licensed, certificated, or otherwise legally authorized to	18902
practice psychology under Chapter 4732. of the Revised Code,	18903
registered or licensed practical nurses who are licensed,	18904
certificated, or otherwise legally authorized to practice nursing	18905
under Chapter 4723. of the Revised Code, pharmacists who are	18906
licensed, certificated, or otherwise legally authorized to	18907
practice pharmacy under Chapter 4729. of the Revised Code,	18908
physical therapists who are licensed, certificated, or otherwise	18909
legally authorized to practice physical therapy under sections	18910
4755.40 to 4755.56 of the Revised Code, occupational therapists	18911
who are licensed, certificated, or otherwise legally authorized to	18912
practice occupational therapy under sections 4755.04 to 4755.13 of	18913
the Revised Code, mechanotherapists who are licensed,	18914
certificated, or otherwise legally authorized to practice	18915
mechanotherapy under section 4731.151 of the Revised Code, and	18916
doctors of medicine and surgery, osteopathic medicine and surgery,	18917
or podiatric medicine and surgery who are licensed, certificated,	18918
or otherwise legally authorized for their respective practices	18919
under this chapter, to which all of the following apply:	18920

(a) Each physician who is a member of the group practice	18921
provides substantially the full range of services that the	18922
physician routinely provides, including medical care,	18923
consultation, diagnosis, or treatment, through the joint use of	18924
shared office space, facilities, equipment, and personnel.	18925

(b) Substantially all of the services of the members of the	18926
group are provided through the group and are billed in the name of	18927
the group and amounts so received are treated as receipts of the	18928
group.	18929

(c) The overhead expenses of and the income from the practice	18930
are distributed in accordance with methods previously determined	18931
by members of the group.	18932

(d) The group practice meets any other requirements that the	18933
state medical board applies in rules adopted under section 4731.70	18934
of the Revised Code.	18935

(2) In the case of a faculty practice plan associated with a	18936
hospital with a medical residency training program in which	18937
physician members may provide a variety of specialty services and	18938
provide professional services both within and outside the group,	18939
as well as perform other tasks such as research, the criteria in	18940
division (E)(1) of this section apply only with respect to	18941
services rendered within the faculty practice plan.	18942

(F) "Home health care services" and "immediate family" have	18943
the same meanings as in the rules adopted under section 4731.70 of	18944
the Revised Code.	18945

(G) "Hospital" has the same meaning as in section 3727.01 of	18946
the Revised Code.	18947

(H) A "referral" includes both of the following:

18948

(1) A request by a holder of a certificate under this chapter	18949
for an item or service, including a request for a consultation	18950
with another physician and any test or procedure ordered by or to	18951
be performed by or under the supervision of the other physician;	18952

(2) A request for or establishment of a plan of care by a	18953
certificate holder that includes the provision of designated	18954
health services.	18955

(I) "Third-party payer" has the same meaning as in section	18956
3901.38 of the Revised Code.	18957

Sec. 4731.71. The auditor of state may implement procedures	18958
to detect violations of section 4731.66 or 4731.69 of the Revised	18959
Code within governmental health care programs administered by the	18960
state. The auditor of state shall report any violation of either	18961
section to the state medical board and shall certify to the	18962
attorney general in accordance with section 131.02 of the Revised	18963
Code the amount of any refund owed to a state-administered	18964
governmental health care program under section 4731.69 of the	18965
Revised Code as a result of a violation. If a refund is owed to	18966
the ~~medical assistance~~medicaid program established under Chapter	18967
5111. of the Revised Code or, the disability medical assistance	18968
program established under Chapter 5115. of the Revised Code, or	18969
the children's buy-in program established under sections 5101.5211	18970
to 5101.5216 of the Revised Code, the auditor of state also shall	18971
report the amount to the department of ~~commerce~~job and family	18972
services.	18973

The state medical board also may implement procedures to	18974
detect violations of section 4731.66 or 4731.69 of the Revised	18975
Code.	18976

Sec. 4735.01. As used in this chapter:

18977

(A) "Real estate broker" includes any person, partnership,	18978
association, limited liability company, limited liability	18979
partnership, or corporation, foreign or domestic, who for another,	18980
whether pursuant to a power of attorney or otherwise, and who for	18981
a fee, commission, or other valuable consideration, or with the	18982
intention, or in the expectation, or upon the promise of receiving	18983
or collecting a fee, commission, or other valuable consideration	18984
does any of the following:	18985

(1) Sells, exchanges, purchases, rents, or leases, or	18986
negotiates the sale, exchange, purchase, rental, or leasing of any	18987
real estate;	18988

(2) Offers, attempts, or agrees to negotiate the sale,	18989
exchange, purchase, rental, or leasing of any real estate;	18990

(3) Lists, or offers, attempts, or agrees to list, or	18991
auctions, or offers, attempts, or agrees to auction, any real	18992
estate;	18993

(4) Buys or offers to buy, sells or offers to sell, or	18994
otherwise deals in options on real estate;	18995

(5) Operates, manages, or rents, or offers or attempts to	18996
operate, manage, or rent, other than as custodian, caretaker, or	18997
janitor, any building or portions of buildings to the public as	18998
tenants;	18999

(6) Advertises or holds self out as engaged in the business	19000
of selling, exchanging, purchasing, renting, or leasing real	19001
estate;	19002

(7) Directs or assists in the procuring of prospects or the	19003
negotiation of any transaction, other than mortgage financing,	19004
which does or is calculated to result in the sale, exchange,	19005
leasing, or renting of any real estate;	19006

(8) Is engaged in the business of charging an advance fee or	19007
contracting for collection of a fee in connection with any	19008
contract whereby the broker undertakes primarily to promote the	19009
sale, exchange, purchase, rental, or leasing of real estate	19010
through its listing in a publication issued primarily for such	19011
purpose, or for referral of information concerning such real	19012
estate to brokers, or both, except that this division does not	19013
apply to a publisher of listings or compilations of sales of real	19014
estate by their owners;	19015

(9) Collects rental information for purposes of referring	19016
prospective tenants to rental units or locations of such units and	19017
charges the prospective tenants a fee.	19018

(B) "Real estate" includes leaseholds as well as any and	19019
every interest or estate in land situated in this state, whether	19020
corporeal or incorporeal, whether freehold or nonfreehold, and the	19021
improvements on the land, but does not include cemetery interment	19022
rights.	19023

(C) "Real estate salesperson" means any person associated	19024
with a licensed real estate broker to do or to deal in any acts or	19025
transactions set out or comprehended by the definition of a real	19026
estate broker, for compensation or otherwise.	19027

(D) "Institution of higher education" means either of the	19028
following:	19029

(1) A nonprofit institution as defined in section 1713.01 of	19030
the Revised Code that actually awards, rather than intends to	19031
award, degrees for fulfilling requirements of academic work beyond	19032
high school;	19033

(2) An institution operated for profit that otherwise	19034
qualifies under the definition of an institution in section	19035
1713.01 of the Revised Code and that actually awards, rather than	19036
intends to award, degrees for fulfilling requirements of academic	19037
work beyond high school.	19038

(E) "Foreign real estate" means real estate not situated in	19039
this state and any interest in real estate not situated in this	19040
state.	19041

(F) "Foreign real estate dealer" includes any person,	19042
partnership, association, limited liability company, limited	19043
liability partnership, or corporation, foreign or domestic, who	19044
for another, whether pursuant to a power of attorney or otherwise,	19045
and who for a fee, commission, or other valuable consideration, or	19046
with the intention, or in the expectation, or upon the promise of	19047
receiving or collecting a fee, commission, or other valuable	19048
consideration, does or deals in any act or transaction specified	19049
or comprehended in division (A) of this section with respect to	19050
foreign real estate.	19051

(G) "Foreign real estate salesperson" means any person	19052
associated with a licensed foreign real estate dealer to do or	19053
deal in any act or transaction specified or comprehended in	19054
division (A) of this section with respect to foreign real estate,	19055
for compensation or otherwise.	19056

(H) Any person, partnership, association, limited liability	19057
company, limited liability partnership, or corporation, who, for	19058
another, in consideration of compensation, by fee, commission,	19059
salary, or otherwise, or with the intention, in the expectation,	19060
or upon the promise of receiving or collecting a fee, does, or	19061
offers, attempts, or agrees to engage in, any single act or	19062
transaction contained in the definition of a real estate broker,	19063
whether an act is an incidental part of a transaction, or the	19064
entire transaction, shall be constituted a real estate broker or	19065
real estate salesperson under this chapter.	19066

(I) The terms "real estate broker," "real estate	19067
salesperson," "foreign real estate dealer," and "foreign real	19068
estate salesperson" do not include a person, partnership,	19069
association, limited liability company, limited liability	19070
partnership, or corporation, or the regular employees thereof, who	19071
perform any of the acts or transactions specified or comprehended	19072
in division (A) of this section, whether or not for, or with the	19073
intention, in expectation, or upon the promise of receiving or	19074
collecting a fee, commission, or other valuable consideration:	19075

(1) With reference to real estate situated in this state or	19076
any interest in it owned by such person, partnership, association,	19077
limited liability company, limited liability partnership, or	19078
corporation, or acquired on its own account in the regular course	19079
of, or as an incident to the management of the property and the	19080
investment in it;	19081

(2) As receiver or trustee in bankruptcy, as guardian,	19082
executor, administrator, trustee, assignee, commissioner, or any	19083
person doing the things mentioned in this section, under authority	19084
or appointment of, or incident to a proceeding in, any court, or	19085
as a public officer, or as executor, trustee, or other bona fide	19086
fiduciary under any trust agreement, deed of trust, will, or other	19087
instrument creating a like bona fide fiduciary obligation;	19088

(3) As a public officer while performing the officer's	19089
official duties;	19090

(4) As an attorney at law in the performance of the	19091
attorney's duties;	19092

(5) As a person who engages in the brokering of the sale of	19093
business assets, not including the negotiation of the sale, lease,	19094
exchange, or assignment of any interest in real estate;	19095

(6) As a person who engages in the sale of manufactured homes	19096
as defined in division (C)(4) of section 3781.06 of the Revised	19097
Code, or of mobile homes as defined in division (O) of section	19098
4501.01 of the Revised Code, provided the sale does not include	19099
the negotiation, sale, lease, exchange, or assignment of any	19100
interest in real estate;	19101

(7) As a person who engages in the sale of commercial real	19102
estate pursuant to the requirements of section 4735.022 of the	19103
Revised Code.	19104

(J) "Physically handicapped licensee" means a person licensed	19105
pursuant to this chapter who is under a severe physical disability	19106
which is of such a nature as to prevent the person from being able	19107
to attend any instruction lasting at least three hours in	19108
duration.	19109

(K) "Division of real estate" may be used interchangeably	19110
with, and for all purposes has the same meaning as, "division of	19111
real estate and professional licensing."	19112

(L) "Superintendent" or "superintendent of real estate" means	19113
the superintendent of the division of real estate and professional	19114
licensing of this state. Whenever the division or superintendent	19115
of real estate is referred to or designated in any statute, rule,	19116
contract, or other document, the reference or designation shall be	19117
deemed to refer to the division or superintendent of real estate	19118
and professional licensing, as the case may be.	19119

(M) "Inactive license" means the license status in which a	19120
salesperson's license is in the possession of the division,	19121
renewed as required under this chapter or rules adopted under this	19122
chapter, and not associated with a real estate broker.	19123

(N) "Broker's license on deposit" means the license status in	19124
which a broker's license is in the possession of the division of	19125
real estate and professional licensing and renewed as required	19126
under this chapter or rules adopted under this chapter.	19127

(O) "Suspended license" means the license status that	19128
prohibits a licensee from providing services that require a	19129
license under this chapter for a specified interval of time.	19130

(P) "Reactivate" means the process prescribed by the	19131
superintendent of real estate and professional licensing to remove	19132
a license from an inactive, voluntary hold, suspended, or broker's	19133
license on deposit status to allow a licensee to provide services	19134
that require a license under this chapter.	19135

(Q) "Revoked" means the license status in which the license	19136
is void and not eligible for reactivation.	19137

(R) "Commercial real estate" means any parcel of real estate	19138
in this state other than real estate containing one to four	19139
residential units. "Commercial real estate" does not include	19140
single-family residential units such as condominiums, townhouses,	19141
manufactured homes, or homes in a subdivision when sold, leased,	19142
or otherwise conveyed on a unit-by-unit basis, even when those	19143
units are a part of a larger building or parcel of real estate	19144
containing more than four residential units.	19145

(S) "Out-of-state commercial broker" includes any person,	19146
partnership, association, limited liability company, limited	19147
liability partnership, or corporation that is licensed to do	19148
business as a real estate broker in a jurisdiction other than	19149
Ohio.	19150

(T) "Out-of-state commercial salesperson" includes any person	19151
affiliated with an out-of-state commercial broker who is not	19152
licensed as a real estate salesperson in Ohio.	19153

(U) "Exclusive right to sell or lease listing agreement"	19154
means an agency agreement between a seller and broker that meets	19155
the requirements of section 4735.55 of the Revised Code and does	19156
both of the following:	19157

(1) Grants the broker the exclusive right to represent the	19158
seller in the sale or lease of the seller's property;	19159

(2) Provides the broker will be compensated if the broker,	19160
the seller, or any other person or entity produces a purchaser or	19161
tenant in accordance with the terms specified in the listing	19162
agreement or if the property is sold or leased during the term of	19163
the listing agreement to anyone other than to specifically	19164
exempted persons or entities.	19165

(V) "Exclusive agency agreement" means an agency agreement	19166
between a seller and broker that meets the requirements of section	19167
4735.55 of the Revised Code and does both of the following:	19168

(1) Grants the broker the exclusive right to represent the	19169
seller in the sale or lease of the seller's property;	19170

(2) Provides the broker will be compensated if the broker or	19171
any other person or entity produces a purchaser or tenant in	19172
accordance with the terms specified in the listing agreement or if	19173
the property is sold or leased during the term of the listing	19174
agreement, unless the property is sold or leased solely through	19175
the efforts of the seller or to the specifically exempted persons	19176
or entities.	19177

(W) "Exclusive purchaser agency agreement" means an agency	19178
agreement between a purchaser and broker that meets the	19179
requirements of section 4735.55 of the Revised Code and does both	19180
of the following:	19181

(1) Grants the broker the exclusive right to represent the	19182
purchaser in the purchase or lease of property;	19183

(2) Provides the broker will be compensated in accordance	19184
with the terms specified in the exclusive agency agreement or if a	19185
property is purchased or leased by the purchaser during the term	19186
of the agency agreement unless the property is specifically	19187
exempted in the agency agreement.	19188

The agreement may authorize the broker to receive	19189
compensation from the seller or the seller's agent and may provide	19190
that the purchaser is not obligated to compensate the broker if	19191
the property is purchased or leased solely through the efforts of	19192
the purchaser.	19193

(X) "Seller" means a party in a real estate transaction who	19194
is the potential transferor of property. "Seller" includes an	19195
owner of property who is seeking to sell the property and a	19196
landlord who is seeking to rent or lease property to another	19197
person.	19198

(Y) "Voluntary hold" means the license status in which a	19199
license is in the possession of the division of real estate and	19200
professional licensing for a period of not more than twelve months	19201
pursuant to section 4735.142 of the Revised Code, is not renewed	19202
in accordance with the requirements specified in this chapter or	19203
the rules adopted pursuant to it, and is not associated with a	19204
real estate broker.	19205

(Z) "Resigned" means the license status in which a license	19206
has been voluntarily surrendered to or is otherwise in the	19207
possession of the division of real estate and professional	19208
licensing, is not renewed in accordance with the requirements	19209
specified in this chapter or the rules adopted pursuant to it, and	19210
is not associated with a real estate broker.	19211

Sec. 4735.02. Except as provided in section 4735.022 of the	19212
Revised Code, no person, partnership, association, limited	19213
liability company, limited liability partnership, or corporation	19214
shall act as a real estate broker or real estate salesperson, or	19215
advertise or assume to act as such, without first being licensed	19216
as provided in this chapter. No person, partnership, association,	19217
limited liability company, limited liability partnership, or	19218
corporation shall provide services that require a license under	19219
this chapter if the licensee's license is inactive, suspended,	19220
placed on voluntary hold, resigned, or a broker's license on	19221
deposit, or if the license has been revoked. Nothing contained in	19222
this chapter shall be construed as authorizing a real estate	19223
broker or salesperson to perform any service constituting the	19224
practice of law.	19225

No partnership, association, limited liability company,	19226
limited liability partnership, or corporation holding a real	19227
estate license shall employ as an officer, director, manager, or	19228
principal employee any person previously holding a license as a	19229
real estate broker, real estate salesperson, foreign real estate	19230
dealer, or foreign real estate salesperson, whose license has been	19231
placed in inactive, voluntary hold, or resigned status, or is	19232
suspended, or revoked and who has not thereafter reactivated the	19233
license or received a new license.	19234

Sec. 4735.10. (A)(1) The Ohio real estate commission may	19235
adopt reasonable rules in accordance with Chapter 119. of the	19236
Revised Code, necessary for implementing the provisions of this	19237
chapter relating, but not limited to, the following:	19238

(a) The form and manner of filing applications for license;

19239

(b) Times and form of examination for license;

19240

(c) Placing an existing broker's license on deposit or a	19241
salesperson's license on an inactive status for an indefinite	19242
period;	19243

(d) Specifying the process by which a licensee may place the	19244
licensee's license on voluntary hold or resigned status;	19245

(e) Defining any additional license status that the	19246
commission determines is necessary and that is not otherwise	19247
defined in this chapter and establishing the process by which a	19248
licensee places the licensee's license in a status defined by the	19249
commission in the rules the commission adopts.	19250

(2) The commission shall adopt reasonable rules in accordance	19251
with Chapter 119. of the Revised Code, for implementing the	19252
provisions of this chapter relating to the following:	19253

(a) The issuance, renewal, suspension, and revocation of	19254
licenses, other sanctions that may be imposed for violations of	19255
this chapter, the conduct of hearings related to these actions,	19256
and the process of reactivating a license;	19257

(b) By not later than January 1, 2004, a three-year license	19258
and a three-year license renewal system;	19259

(c) Standards for the approval of courses of study required	19260
for licenses, or offered in preparation for license examinations,	19261
or required as continuing education for licenses.	19262

(d) Guidelines to ensure that continuing education classes	19263
are open to all persons licensed under this chapter. The rules	19264
shall specify that an organization that sponsors a continuing	19265
education class may offer its members a reasonable reduction in	19266
the fees charged for the class.	19267

(e) Requirements for trust accounts and property management	19268
accounts. The rules shall specify that:	19269

(i) Brokerages engaged in the management of property for	19270
another may, pursuant to a written contract with the property	19271
owner, exercise signatory authority for withdrawals from property	19272
management accounts maintained in the name of the property owner.	19273
The exercise of authority for withdrawals does not constitute a	19274
violation of any provision of division (A) of section 4735.18 of	19275
the Revised Code.	19276

(ii) The interest earned on property management trust	19277
accounts maintained in the name of the property owner or the	19278
broker shall be payable to the property owner unless otherwise	19279
specified in a written contract.	19280

(f) Notice of renewal forms and filing deadlines;

19281

(g) Special assessments under division (A) of section 4735.12	19282
of the Revised Code.	19283

(B) The commission may adopt rules in accordance with Chapter	19284
119. of the Revised Code establishing standards and guidelines	19285
with which the superintendent of real estate shall comply in the	19286
exercise of the following powers:	19287

(1) Appointment and recommendation of ancillary trustees	19288
under section 4735.05 of the Revised Code;	19289

(2) Rejection of names proposed to be used by partnerships,	19290
associations, limited liability companies, limited liability	19291
partnerships, and corporations, under division (A) of section	19292
4735.06 of the Revised Code;	19293

(3) Acceptance and rejection of applications to take the	19294
broker and salesperson examinations and licensure, with	19295
appropriate waivers pursuant to division (E) of section 4735.07	19296
and section 4735.09 of the Revised Code;	19297

(4) Approval of applications of brokers to place their	19298
licenses on deposit and to become salespersons under section	19299
4735.13 of the Revised Code;	19300

(5) Appointment of hearing examiners under section 119.09 of	19301
the Revised Code;	19302

(6) Acceptance and rejection of applications to take the	19303
foreign real estate dealer and salesperson examinations and	19304
licensure, with waiver of examination, under sections 4735.27 and	19305
4735.28 of the Revised Code;	19306

(7) Qualification of foreign real estate under section	19307
4735.25 of the Revised Code.	19308

If at any time there is no rule in effect establishing a	19309
guideline or standard required by this division, the	19310
superintendent may adopt a rule in accordance with Chapter 119. of	19311
the Revised Code for such purpose.	19312

(C) The commission or superintendent may hear testimony in	19313
matters relating to the duties imposed upon them, and the	19314
president of the commission and superintendent may administer	19315
oaths. The commission or superintendent may require other proof of	19316
the honesty, truthfulness, and good reputation of any person named	19317
in an application for a real estate broker's or real estate	19318
salesperson's license before admitting the applicant to the	19319
examination or issuing a license.	19320

Sec. 4735.13. (A) The license of a real estate broker shall	19321
be prominently displayed in the office or place of business of the	19322
broker, and no license shall authorize the licensee to do business	19323
except from the location specified in it. If the broker maintains	19324
more than one place of business within the state, the broker shall	19325
apply for and procure a duplicate license for each branch office	19326
maintained by the broker. Each branch office shall be in the	19327
charge of a licensed broker or salesperson. The branch office	19328
license shall be prominently displayed at the branch office	19329
location.	19330

(B) The license of each real estate salesperson shall be	19331
mailed to and remain in the possession of the licensed broker with	19332
whom the salesperson is or is to be associated until the licensee	19333
places the license on inactive, voluntary hold, or resigned status	19334
or until the salesperson leaves the brokerage or is terminated.	19335
The broker shall keep each salesperson's license in a way that it	19336
can, and shall on request, be made immediately available for	19337
public inspection at the office or place of business of the	19338
broker. Except as provided in divisions (G) and (H) of this	19339
section, immediately upon the salesperson's leaving the	19340
association or termination of the association of a real estate	19341
salesperson with the broker, the broker shall return the	19342
salesperson's license to the superintendent of real estate.	19343

The failure of a broker to return the license of a real	19344
estate salesperson or broker who leaves or who is terminated, via	19345
certified mail return receipt requested, within three business	19346
days of the receipt of a written request from the superintendent	19347
for the return of the license, is prima-facie evidence of	19348
misconduct under division (A)(6) of section 4735.18 of the Revised	19349
Code.	19350

(C) Any licensee who is convicted of a felony or a crime	19351
involving moral turpitude or of violating any federal, state, or	19352
municipal civil rights law pertaining to discrimination in	19353
housing, or any court that issues a finding of an unlawful	19354
discriminatory practice pertaining to housing accommodations	19355
described in division (H) of section 4112.02 of the Revised Code	19356
or that convicts a licensee of a violation of any municipal civil	19357
rights law pertaining to housing discrimination, shall notify the	19358
superintendent of the conviction or finding within fifteen days.	19359
If a licensee fails to notify the superintendent within the	19360
required time, the superintendent immediately may revoke the	19361
license of the licensee.	19362

Any court that convicts a licensee of a violation of any	19363
municipal civil rights law pertaining to housing discrimination	19364
also shall notify the Ohio civil rights commission within fifteen	19365
days of the conviction.	19366

(D) In case of any change of business location, a broker	19367
shall give notice in writing to the superintendent, whereupon the	19368
superintendent shall issue new licenses for the unexpired period	19369
without charge. If a broker changes a business location without	19370
giving the required notice and without receiving new licenses that	19371
action is prima-facie evidence of misconduct under division (A)(6)	19372
of section 4735.18 of the Revised Code.	19373

(E) If a real estate broker desires to associate with another	19374
real estate broker in the capacity of a real estate salesperson,	19375
the broker shall apply to the superintendent to deposit the	19376
broker's real estate broker's license with the superintendent and	19377
for the issuance of a real estate salesperson's license. The	19378
application shall be made on a form prescribed by the	19379
superintendent and shall be accompanied by the recommendation of	19380
the real estate broker with whom the applicant intends to become	19381
associated and a fee of twenty-five dollars for the real estate	19382
salesperson's license. Four dollars of the fee shall be credited	19383
to the real estate education and research fund. If the	19384
superintendent is satisfied that the applicant is honest,	19385
truthful, and of good reputation, has not been convicted of a	19386
felony or a crime involving moral turpitude, and has not been	19387
finally adjudged by a court to have violated any municipal, state,	19388
or federal civil rights laws relevant to the protection of	19389
purchasers or sellers of real estate, and that the association of	19390
the real estate broker and the applicant will be in the public	19391
interest, the superintendent shall grant the application and issue	19392
a real estate salesperson's license to the applicant. Any license	19393
so deposited with the superintendent shall be subject to this	19394
chapter. A broker who intends to deposit the broker's license with	19395
the superintendent, as provided in this section, shall give	19396
written notice of this fact in a format prescribed by the	19397
superintendent to all salespersons associated with the broker when	19398
applying to place the broker's license on deposit.	19399

(F) If a real estate broker desires to become a member or	19400
officer of a partnership, association, limited liability company,	19401
limited liability partnership, or corporation that is or intends	19402
to become a licensed real estate broker, the broker shall notify	19403
the superintendent of the broker's intentions. The notice of	19404
intention shall be on a form prescribed by the superintendent and	19405
shall be accompanied by a fee of twenty-five dollars. Four dollars	19406
of the fee shall be credited to the real estate education and	19407
research fund.	19408

No real estate broker who is a member or officer of a	19409
partnership, association, limited liability company, limited	19410
liability partnership, or corporation that is a licensed real	19411
estate broker shall perform any acts as a real estate broker other	19412
than as the agent of the partnership, association, limited	19413
liability company, limited liability partnership, or corporation,	19414
and such broker shall not have any real estate salespersons	19415
associated with the broker.	19416

(G) If a real estate broker or salesperson enters the armed	19417
forces, the broker or salesperson may place the broker's or	19418
salesperson's license on deposit with the Ohio real estate	19419
commission. The licensee shall not be required to renew the	19420
license until the renewal date that follows the date of discharge	19421
from the armed forces. Any license deposited with the commission	19422
shall be subject to this chapter. Any licensee whose license is on	19423
deposit under this division and who fails to meet the continuing	19424
education requirements of section 4735.141 of the Revised Code	19425
because the licensee is in the armed forces shall satisfy the	19426
commission that the licensee has complied with the continuing	19427
education requirements within twelve months of the licensee's	19428
discharge. The commission shall notify the licensee of the	19429
licensee's obligations under section 4735.141 of the Revised Code	19430
at the time the licensee applies for reactivation of the	19431
licensee's license.	19432

(H) If a licensed real estate salesperson submits an	19433
application to the superintendent to leave the association of one	19434
broker to associate with a different broker, the broker possessing	19435
the licensee's license need not return the salesperson's license	19436
to the superintendent. The superintendent may process the	19437
application regardless of whether the licensee's license is	19438
returned to the superintendent.	19439

Sec. 4735.14. (A) Each license issued under this chapter,	19440
shall be valid without further recommendation or examination until	19441
it is placed in an inactive, voluntary hold, or resigned status,	19442
is revoked,or suspended, or such license expires by operation of	19443
law.	19444

(B) ~~Each~~Except for a licensee who has placed the licensee's	19445
license on voluntary hold or resigned status pursuant to section	19446
4735.142 of the Revised Code, each licensed broker, brokerage, or	19447
salesperson shall file, on or before the date the Ohio real estate	19448
commission has adopted by rule for that licensee in accordance	19449
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	19450
notice of renewal on a form prescribed by the superintendent of	19451
real estate. The notice of renewal shall be mailed by the	19452
superintendent to the most current personal residence address of	19453
each broker or salesperson as filed with the superintendent by the	19454
licensee and the place of business address of the brokerage two	19455
months prior to the filing deadline.	19456

(C) ~~The~~Except as otherwise provided in division (B) of this	19457
section, the license of any real estate broker, brokerage, or	19458
salesperson that fails to file a notice of renewal on or before	19459
the filing deadline of each ensuing year shall be suspended	19460
automatically without the taking of any action by the	19461
superintendent. A suspended license may be reactivated within	19462
twelve months of the date of suspension, provided that the renewal	19463
fee plus a penalty fee of fifty per cent of the renewal fee is	19464
paid to the superintendent. Failure to reactivate the license as	19465
provided in this division shall result in automatic revocation of	19466
the license without the taking of any action by the	19467
superintendent. No person, partnership, association, corporation,	19468
limited liability company, or limited partnership shall engage in	19469
any act or acts for which a real estate license is required while	19470
that entity's license is placed in an inactive, voluntary hold, or	19471
resigned status, or is suspended, or revoked. The commission shall	19472
adopt rules in accordance with Chapter 119. of the Revised Code to	19473
provide to licensees notice of suspension or revocation or both.	19474

(D) Each licensee shall notify the commission of a change in	19475
personal residence address. A licensee's failure to notify the	19476
commission of a change in personal residence address does not	19477
negate the requirement to file the license renewal by the required	19478
deadline established by the commission by rule under division	19479
(A)(2)(f) of section 4735.10 of the Revised Code.	19480

(E) The superintendent shall not renew a license if the	19481
licensee is not in compliance with this chapter.	19482

Sec. 4735.141. (A) Except as otherwise provided in this	19483
division and except for a licensee who has placed the licensee's	19484
license on voluntary hold or resigned status pursuant to section	19485
4735.142 of the Revised Code, each person licensed under section	19486
4735.07 or 4735.09 of the Revised Code shall submit proof	19487
satisfactory to the superintendent of real estate that the	19488
licensee has satisfactorily completed thirty hours of continuing	19489
education, as prescribed by the Ohio real estate commission	19490
pursuant to section 4735.10 of the Revised Code, on or before the	19491
licensee's birthday occurring three years after the licensee's	19492
date of initial licensure, and on or before the licensee's	19493
birthday every three years thereafter.	19494

Persons licensed as real estate salespersons who subsequently	19495
become licensed real estate brokers shall continue to submit proof	19496
of continuing education in accordance with the time period	19497
established in this section.	19498

The requirements of this section shall not apply to any	19499
physically handicapped licensee as provided in division (E) of	19500
this section.	19501

Each licensee who is seventy years of age or older, within a	19502
continuing education reporting period, shall submit proof	19503
satisfactory to the superintendent of real estate that the	19504
licensee has satisfactorily completed a total of nine classroom	19505
hours of continuing education, including instruction in Ohio real	19506
estate law; recently enacted state and federal laws affecting the	19507
real estate industry; municipal, state, and federal civil rights	19508
law; and canons of ethics for the real estate industry as adopted	19509
by the commission. The required proof of completion shall be	19510
submitted on or before the licensee's birthday that falls in the	19511
third year of that continuing education reporting period. A	19512
licensee who is seventy years of age or older whose license is in	19513
an inactive status is exempt from the continuing education	19514
requirements specified in this section. The commission shall adopt	19515
reasonable rules in accordance with Chapter 119. of the Revised	19516
Code to carry out the purposes of this paragraph.	19517

(B) The continuing education requirements of this section	19518
shall be completed in schools, seminars, and educational	19519
institutions approved by the commission. Such approval shall be	19520
given according to rules established by the commission under the	19521
procedures of Chapter 119. of the Revised Code, and shall not be	19522
limited to institutions providing two-year or four-year degrees.	19523
Each school, seminar, or educational institution approved under	19524
this division shall be open to all licensees on an equal basis.	19525

(C) If the requirements of this section are not met by a	19526
licensee within the period specified, the licensee's license shall	19527
be suspended automatically without the taking of any action by the	19528
superintendent. The superintendent shall notify the licensee of	19529
the license suspension. Any license so suspended shall remain	19530
suspended until it is reactivated by the superintendent. No such	19531
license shall be reactivated until it is established, to the	19532
satisfaction of the superintendent, that the requirements of this	19533
section have been met. If the requirements of this section are not	19534
met within twelve months from the date the license was suspended,	19535
the license shall be revoked automatically without the taking of	19536
any action by the superintendent.	19537

(D) If the license of a real estate broker is suspended	19538
pursuant to division (C) of this section, the license of a real	19539
estate salesperson associated with that broker correspondingly is	19540
suspended pursuant to division (H) of section 4735.20 of the	19541
Revised Code. However, the suspended license of the associated	19542
real estate salesperson shall be reactivated and no fee shall be	19543
charged or collected for that reactivation if all of the following	19544
occur:	19545

(1) That broker subsequently submits proof to the	19546
superintendent that the broker has complied with the requirements	19547
of this section and requests that the broker's license as a real	19548
estate broker be reactivated.	19549

(2) The superintendent then reactivates the broker's license	19550
as a real estate broker.	19551

(3) The associated real estate salesperson intends to	19552
continue to be associated with that broker, has complied with the	19553
requirements of this section, and otherwise is in compliance with	19554
this chapter.	19555

Any person whose license is reactivated pursuant to this	19556
division shall submit proof satisfactory to the superintendent	19557
that the person has completed thirty hours of continuing	19558
education, as prescribed by the Ohio real estate commission, on or	19559
before the third year following the licensee's birthday occurring	19560
immediately after reactivation.	19561

(E) Any licensee who is a physically handicapped licensee at	19562
any time during the last three months of the third year of the	19563
licensee's continuing education reporting period may receive an	19564
extension of time to submit proof to the superintendent that the	19565
licensee has satisfactorily completed the required thirty hours of	19566
continuing education. To receive an extension of time, the	19567
licensee shall submit a request to the division of real estate for	19568
the extension and proof satisfactory to the commission that the	19569
licensee was a physically handicapped licensee at some time during	19570
the last three months of the three-year reporting period. The	19571
proof shall include, but is not limited to, a signed statement by	19572
the licensee's attending physician describing the physical	19573
disability, certifying that the licensee's disability is of such a	19574
nature as to prevent the licensee from attending any instruction	19575
lasting at least three hours in duration, and stating the expected	19576
duration of the physical disability. The licensee shall request	19577
the extension and provide the physician's statement to the	19578
division no later than one month prior to the end of the	19579
licensee's three-year continuing education reporting period,	19580
unless the physical disability did not arise until the last month	19581
of the three-year reporting period, in which event the licensee	19582
shall request the extension and provide the physician's statement	19583
as soon as practical after the occurrence of the physical	19584
disability. A licensee granted an extension pursuant to this	19585
division who is no longer a physically handicapped licensee and	19586
who submits proof of completion of the continuing education during	19587
the extension period, shall submit, for future continuing	19588
education reporting periods, proof of completion of the continuing	19589
education requirements according to the schedule established in	19590
division (A) of this section.	19591

Sec. 4735.142. (A) Any person licensed under section 4735.07	19592
or 4735.09 of the Revised Code, at any time prior to the date the	19593
licensee is required to file a notice of renewal pursuant to	19594
division (B) of section 4735.14 of the Revised Code may apply to	19595
the superintendent of real estate and professional licensing to	19596
place the licensee's license on voluntary hold or a resigned	19597
status.	19598

(B) If the superintendent has placed a license on voluntary	19599
hold pursuant to a request made under division (A) of this	19600
section, the licensee who requested that the licensee's license be	19601
placed on voluntary hold may apply to the superintendent to	19602
reactivate that license within twelve months after the date the	19603
license is placed on voluntary hold. The superintendent shall	19604
reactivate that license if the licensee complies with the	19605
requirements for such reactivation that are specified in rules	19606
adopted by the Ohio real estate commission pursuant to division	19607
(A) of section 4735.10 of the Revised Code and satisfies all of	19608
the following requirements:	19609

(1) The licensee complies with the postlicensure education	19610
requirements specified in section 4735.07 or 4735.09 of the	19611
Revised Code, as applicable;	19612

(2) The licensee complies with the continuing education	19613
requirements specified in section 4735.141 of the Revised Code;	19614

(3) The licensee renews the licensee's license in accordance	19615
with section 4735.14 of the Revised Code and, if applicable, pays	19616
the annual brokerage assessment fee in accordance with the	19617
requirements specified in rules adopted by the commission.	19618

(C) If a licensee does not apply to reactivate a license on	19619
voluntary hold pursuant to division (B) of this section during the	19620
twelve-month time period specified in that division or does not	19621
satisfy the requirements specified in that division during that	19622
twelve-month period, the superintendent shall consider that	19623
license to be in a resigned status. The superintendent shall not	19624
reactivate a resigned license. The resignation of a license is	19625
considered to be final without the taking of any action by the	19626
superintendent. If a person whose license is in a resigned status	19627
pursuant to this division wishes to obtain an active license, the	19628
person shall apply for an active license in accordance with the	19629
requirements specified in section 4735.07 or 4735.09 of the	19630
Revised Code, as applicable.	19631

(D) A licensee, at any time during which a license has been	19632
suspended pursuant to division (G) of section 4735.07, division	19633
(G) of section 4735.09, division (E) of section 4735.12, division	19634
(C) of section 4735.14, division (C) of section 4735.141, or	19635
section 4735.182 of the Revised Code, may apply to the	19636
superintendent on a form prescribed by the superintendent to	19637
voluntarily resign the licensee's license. The resignation of a	19638
license is considered to be final without the taking of any action	19639
by the superintendent. If a person whose license is in a resigned	19640
status pursuant to a request made under this division wishes to	19641
obtain an active or inactive license, the person shall apply for	19642
such a license in accordance with the requirements specified in	19643
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	19644
in the rules adopted by the commission pursuant to division (A)	19645
of section 4735.10 of the Revised Code.	19646

(E) If placing a broker's license on voluntary hold or a	19647
resigned status will result in the closure of the broker's	19648
brokerage, the broker, within three days after applying to the	19649
superintendent to place the license on voluntary hold or a	19650
resigned status, shall provide to each salesperson associated	19651
with that broker a written notice stating that fact.	19652

(F) This section does not apply to any licensee whose license	19653
has been suspended pursuant to division (F) of section 4735.181 of	19654
the Revised Code or due to disciplinary action ordered by the	19655
commission pursuant to section 4735.051 of the Revised Code.	19656

Sec. 4752.04. A person seeking a license to provide home	19657
medical equipment services shall apply to the Ohio respiratory	19658
care board on a form the board shall prescribe and provide. The	19659
application must be accompanied by the license application fee	19660
established in rules adopted under section 4752.17 of the Revised	19661
Code ~~and~~, except that the board may waive all or part of the fee	19662
if the board determines that an applicant's license will be	19663
issued in the last six months of the biennial licensing period	19664
established under section 4752.05 of the Revised Code.	19665

In the application, the applicant shall specify the name and	19666
location of the facility from which services will be provided.	19667

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	19668
a license to provide home medical equipment services to each	19669
applicant under section 4752.04 of the Revised Code that meets	19670
either of the following requirements:	19671

(1) Meets the standards established by the board in rules	19672
adopted under section 4752.17 of the Revised Code;	19673

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	19674
Code that receives total payments of ten thousand dollars or more	19675
per year from selling or renting home medical equipment.	19676

(B) During the period ending one year after ~~the effective~~	19677
~~date of this section~~September 16, 2004, an applicant that does	19678
not meet either of the requirements of division (A) of this	19679
section shall be granted a provisional license if for at least	19680
twelve months prior to ~~the effective date of this section~~	19681
September 16, 2004 the applicant was engaged in the business of	19682
providing home medical equipment services. The provisional license	19683
expires one year following the date on which it is issued and is	19684
not subject to renewal under section 4752.06 of the Revised Code.	19685

(C) The board may conduct a personal interview of an	19686
applicant, or an applicant's representative, to determine the	19687
applicant's qualifications for licensure.	19688

(D) A license issued under division (A) of this section is	19689
~~valid from the day it is issued until the thirtieth day of June~~	19690
~~that immediately follows the date of issue. Thereafter a license~~	19691
~~is valid only if it is~~expires at the end of the licensing period	19692
for which it is issued and may be renewed in accordance with	19693
section 4752.06 of the Revised Code ~~biennially on or before the~~	19694
~~thirtieth day of June~~. For purposes of issuing and renewing	19695
licenses, the board shall use a biennial licensing period that	19696
begins on the first day of July of each even-numbered year and	19697
ends on the thirtieth day of June of the next succeeding	19698
even-numbered year.	19699

(E) Any license issued under this section is valid only for	19700
the facility named in the application.	19701

Sec. 4752.06. Except for a provisional license issued under	19702
section 4752.05 of the Revised Code, a license issued under this	19703
chapter shall be renewed by the Ohio respiratory care board if the	19704
license holder is in compliance with the applicable requirements	19705
of this chapter.	19706

An application for license renewal shall be accompanied by	19707
the renewal fee established in rules adopted under section 4752.17	19708
of the Revised Code and, except as provided in division (B) of	19709
section 4752.07 of the Revised Code, by documentation	19710
satisfactory to the board that the continuing education	19711
requirements of section 4752.07 of the Revised Code have been met.	19712
Renewals shall be made in accordance with the standard renewal	19713
procedure established under Chapter 4745. of the Revised Code and	19714
the renewal procedures established in rules adopted under section	19715
4752.17 of the Revised Code.	19716

Sec. 4752.07. (A) The holder of a license issued under this	19717
chapter shall do all of the following:	19718

~~(A)~~(1) Maintain a physical facility and a medical equipment	19719
inventory;	19720

~~(B)~~(2) Establish equipment management and personnel policies;

19721

~~(C)~~(3) Provide life-sustaining home medical equipment, as	19722
described in division (B)(1) of section 4752.01 of the Revised	19723
Code, and related home medical equipment services twenty-four	19724
hours per day, seven days per week;	19725

~~(D) Require~~(4) Except as provided in division (B) of this	19726
section, require persons in its employ or under its control who	19727
provide home medical equipment services to successfully complete	19728
continuing education programs in home medical equipment services	19729
that meet the standards established by rule adopted under section	19730
4752.17 of the Revised Code and maintain records on participation	19731
in those programs;	19732

~~(E)~~(5) Maintain records on all individuals to whom it	19733
provides home medical equipment and services;	19734

~~(F)~~(6) Maintain liability insurance, including coverage for	19735
professional and products liability;	19736

~~(G)~~(7) Comply with all other requirements established by rule	19737
adopted under section 4752.17 of the Revised Code that apply to	19738
persons licensed under this chapter.	19739

(B) For the first renewal of a license that was issued in the	19740
last six months of the biennial licensing period established under	19741
section 4752.05 of the Revised Code, the board may waive all or	19742
part of the continuing education requirements that otherwise would	19743
have to be met to renew the license under section 4752.06 of the	19744
Revised Code.	19745

Sec. 4752.11. (A) A person seeking a certificate of	19746
registration to provide home medical equipment services shall	19747
apply to the Ohio respiratory care board on a form the board shall	19748
prescribe and provide. The application must be accompanied by the	19749
registration fee established in rules adopted under section	19750
4752.17 of the Revised Code, except that the board may waive all	19751
or part of the fee if the board determines that an applicant's	19752
certificate of registration will be issued in the last six months	19753
of the biennial registration period established under section	19754
4752.12 of the Revised Code.	19755

(B) The applicant shall specify in the application all of the	19756
following:	19757

(1) The name of the facility from which services will be	19758
provided;	19759

(2) The facility's address;

19760

(3) The facility's telephone number;

19761

(4) A person who may be contacted with regard to the	19762
facility;	19763

(5) The name of the national accrediting body that issued the	19764
accreditation on which the application is based;	19765

(6) The applicant's accreditation number and the expiration	19766
date of the accreditation;	19767

(7) A telephone number that may be used twenty-four hours a	19768
day, seven days a week, to obtain information related to the	19769
facility's provision of home medical equipment services.	19770

Sec. 4752.12. (A) The Ohio respiratory care board shall	19771
issue a certificate of registration to provide home medical	19772
equipment services to each applicant who submits a complete	19773
application under section 4752.11 of the Revised Code. For	19774
purposes of this division, an application is complete only if the	19775
board finds that the applicant holds accreditation from the joint	19776
commission on accreditation of healthcare organizations or another	19777
national accrediting body recognized by the board, as specified in	19778
rules adopted under section 4752.17 of the Revised Code.	19779

(B) A certificate of registration issued under this section	19780
~~is valid from the day it is issued until the thirtieth day of June~~	19781
~~that immediately follows the date of issue. Thereafter, a~~	19782
~~certificate of registration is valid only if it is~~expires at the	19783
end of the registration period for which it is issued and may be	19784
renewed in accordance with section 4752.13 of the Revised Code	19785
~~biennially on or before the thirtieth day of June~~. For purposes of	19786
renewing certificates of registration, the board shall use a	19787
biennial registration period that begins on the first day of July	19788
of each even-numbered year and ends on the thirtieth day of June	19789
of the next succeeding even-numbered year.	19790

(C) A certificate of registration issued under this section	19791
is valid only for the facility named in the application.	19792

Sec. 4752.13. A certificate of registration issued under this	19793
chapter shall be renewed by the Ohio respiratory care board if the	19794
certificate holder is accredited by the joint commission on	19795
accreditation of healthcare organizations or another national	19796
accrediting body recognized by the board, as specified in rules	19797
adopted under section 4752.17 of the Revised Code.	19798

An application for renewal of a certificate of registration	19799
shall be accompanied by the renewal fee established in rules	19800
adopted under section 4752.17 of the Revised Code. Renewals shall	19801
be made in accordance with the standard renewal procedure	19802
established under Chapter 4745. of the Revised Code and the	19803
renewal procedures established in rules adopted under section	19804
4752.17 of the Revised Code.	19805

Sec. 4905.84. (A) As used in this section:

19806

(1) "Telecommunications relay service" means intrastate	19807
transmission services that provide the ability for an individual	19808
who has a hearing or speech impairment to engage in a	19809
communication by wire or radio with a hearing individual in a	19810
manner that is functionally equivalent to the ability of an	19811
individual who does not have a hearing or speech impairment to	19812
communicate using voice communication services by wire or radio.	19813
"Telecommunications relay service" includes services that enable	19814
two-way communication between an individual who uses a	19815
telecommunications device for the deaf or other nonvoice terminal	19816
device and an individual who does not use such a device.	19817

(2) "TRS provider" means an entity selected by the public	19818
utilities commission as the provider of telecommunications relay	19819
service for this state as part of the commission's intrastate	19820
telecommunications relay service program certified pursuant to	19821
federal law.	19822

(B) For the sole purpose of funding telecommunications relay	19823
service, the commission shall, not earlier than January 1, 2009,	19824
impose on and collect from each service provider that is required	19825
under federal law to provide its customers access to	19826
telecommunications relay service an annual assessment to pay for	19827
costs incurred by the TRS provider for providing such service in	19828
Ohio. The commission shall determine the appropriate service	19829
providers to be assessed the telecommunications relay service	19830
costs, including telephone companies as defined in division	19831
(A)(2) of section 4905.03 of the Revised Code, commercial mobile	19832
radio service providers, and providers of advanced services or	19833
internet protocol-enabled services that are competitive with or	19834
functionally equivalent to basic local exchange service as	19835
defined in section 4927.01 of the Revised Code.	19836

(C) The assessment shall be allocated proportionately among	19837
the appropriate service providers using a competitively neutral	19838
formula established by the commission based on the number of	19839
retail intrastate customer access lines or their equivalent. The	19840
commission shall annually reconcile the funds collected with the	19841
actual costs of providing telecommunications relay service when it	19842
issues the assessment and shall either proportionately charge the	19843
service providers for any amounts not sufficient to cover the	19844
actual costs or proportionately credit amounts collected in excess	19845
of the actual costs. The total amount assessed from all service	19846
providers shall not exceed the total telecommunications relay	19847
service costs.	19848

Each service provider that pays the assessment shall be	19849
permitted to recover the cost of the assessment. The method of	19850
recovery may include, but is not limited to, a customer billing	19851
surcharge.	19852

The commission shall deposit the money collected in the	19853
telecommunications relay service fund, which is hereby created in	19854
the state treasury, and shall use the money in that fund solely	19855
to compensate the TRS provider.	19856

(D) The commission shall take such measures as it considers	19857
necessary to protect the confidentiality of information provided	19858
to the commission pursuant to this section by service providers	19859
required to pay the assessment.	19860

(E) The commission may assess a forfeiture of not more than	19861
one thousand dollars on any service provider failing to comply	19862
with this section. Each day's continuance of such failure is a	19863
separate offense. The forfeiture shall be recovered in accordance	19864
with sections 4905.55 to 4905.60 of the Revised Code.	19865

(F) The jurisdiction and authority granted to the commission	19866
by this section is limited to the administration and enforcement	19867
of this section. The commission may adopt such rules as it finds	19868
necessary to carry out this section. The commission shall adopt	19869
rules under Chapter 119. of the Revised Code to establish the	19870
assessment amounts and procedures.	19871

Sec. 4906.13. (A) As used in this section and sections	19872
4906.20 and 4906.98 of the Revised Code, "economically	19873
significant wind farm" means wind turbines and associated	19874
facilities with a single interconnection to the electrical grid	19875
and designed for, or capable of, operation at an aggregate	19876
capacity of five or more megawatts but less than fifty megawatts.	19877
The term excludes any such wind farm in operation on the	19878
effective date of this section.	19879

(B) No public agency or political subdivision of this state	19880
may require any approval, consent, permit, certificate, or other	19881
condition for the construction or initial operation of a major	19882
utility facility or economically significant wind farm authorized	19883
by a certificate issued pursuant to Chapter 4906. of the Revised	19884
Code. Nothing herein shall prevent the application of state laws	19885
for the protection of employees engaged in the construction of	19886
such facility or wind farm nor of municipal regulations that do	19887
not pertain to the location or design of, or pollution control	19888
and abatement standards for, a major utility facility or	19889
economically significant wind farm for which a certificate has	19890
been granted under this chapter.	19891

Sec. 4906.20. (A) No person shall commence to construct an	19892
economically significant wind farm in this state without first	19893
having obtained a certificate from the power siting board. An	19894
economically significant wind farm with respect to which such a	19895
certificate is required shall be constructed, operated, and	19896
maintained in conformity with that certificate and any terms,	19897
conditions, and modifications it contains. A certificate shall be	19898
issued only pursuant to this section. The certificate may be	19899
transferred, subject to the approval of the board, to a person	19900
that agrees to comply with those terms, conditions, and	19901
modifications.	19902

(B) The board shall adopt rules governing the certificating	19903
of economically significant wind farms under this section. Initial	19904
rules shall be adopted within one hundred twenty days after this	19905
section's effective date.	19906

(1) The rules shall provide for an application process for	19907
certificating economically significant wind farms that is	19908
identical to the extent practicable to the process applicable to	19909
certificating major utility facilities under sections 4906.06,	19910
4906.07, 4906.08, 4906.09, 4906.11, and 4906.12 of the Revised	19911
Code and shall prescribe a reasonable schedule of application	19912
filing fees structured in the manner of the schedule of filing	19913
fees required for major utility facilities.	19914

(2) Additionally, the rules shall prescribe reasonable	19915
regulations regarding any wind turbines and associated facilities	19916
of an economically significant wind farm, including, but not	19917
limited to, their location, erection, construction,	19918
reconstruction, change, alteration, maintenance, removal, use, or	19919
enlargement and including erosion control, aesthetics,	19920
recreational land use, wildlife protection, interconnection with	19921
power lines and with regional transmission organizations,	19922
independent transmission system operators, or similar	19923
organizations, ice throw, sound and noise levels, blade shear,	19924
shadow flicker, decommissioning, and necessary cooperation for	19925
site visits and enforcement investigations. The rules also shall	19926
prescribe a minimum setback for a wind turbine of an economically	19927
significant wind farm. That minimum shall be equal to a	19928
horizontal distance, from the turbine's base to the property line	19929
of the wind farm property, equal to one and one-tenth times the	19930
total height of the turbine structure as measured from its base	19931
to the tip of its highest blade and be at least seven hundred	19932
fifty feet in horizontal distance from the tip of the turbine's	19933
nearest blade at ninety degrees to the exterior of the nearest,	19934
habitable, residential structure, if any, located on adjacent	19935
property at the time of the certification application. The	19936
setback shall apply in all cases except those in which all	19937
owners of property adjacent to the wind farm property waive	19938
application of the setback to that property pursuant to a	19939
procedure the board shall establish by rule and except in which,	19940
in a particular case, the board determines that a setback	19941
greater than the minimum is necessary.	19942

(C) The board shall approve, or may modify and approve, an	19943
application for economically significant wind farm certification	19944
if it finds that the construction, operation, and maintenance of	19945
the economically significant wind farm will comply with the rules	19946
adopted under division (B) of this section. The certificate shall	19947
be conditioned upon the economically significant wind farm	19948
complying with rules adopted under section 4561.32 of the Revised	19949
Code.	19950

Sec. 4906.98. (A) No person shall construct a major utility	19951
facility or economically significant wind farm without first	19952
obtaining a certificate.	19953

(B) No person shall construct, operate, or maintain a major	19954
utility facility or economically significant wind farm other than	19955
in compliance with the certificate the person has obtained.	19956

(C) No person or economically significant wind farm shall	19957
fail to comply with any order issued pursuant to this chapter or	19958
with a suspension otherwise required under division (B) of	19959
section 4906.97 of the Revised Code.	19960

Sec. 4928.142. (A) For the purpose of complying with section	19961
4928.141 of the Revised Code and subject to division (D) of this	19962
section and, as applicable, subject to the rate plan requirement	19963
of division (A) of section 4928.141 of the Revised Code, an	19964
electric distribution utility may establish a standard service	19965
offer price for retail electric generation service that is	19966
delivered to the utility under a market-rate offer.	19967

(1) The market-rate offer shall be determined through a	19968
competitive bidding process that provides for all of the	19969
following:	19970

(a) Open, fair, and transparent competitive solicitation;

19971

(b) Clear product definition;

19972

19973

(d) Oversight by an independent third party that shall design	19974
the solicitation, administer the bidding, and ensure that the	19975
criteria specified in division (A)(1)(a) to (c) of this section	19976
are met;	19977

(e) Evaluation of the submitted bids prior to the selection	19978
of the least-cost bid winner or winners.	19979

No generation supplier shall be prohibited from participating	19980
in the bidding process.	19981

(2) The public utilities commission shall modify rules, or	19982
adopt new rules as necessary, concerning the conduct of the	19983
competitive bidding process and the qualifications of bidders,	19984
which rules shall foster supplier participation in the bidding	19985
process and shall be consistent with the requirements of division	19986
(A)(1) of this section.	19987

(B) Prior to initiating a competitive bidding process for a	19988
market-rate offer under division (A) of this section, the electric	19989
distribution utility shall file an application with the	19990
commission. An electric distribution utility may file its	19991
application with the commission prior to the effective date of	19992
the commission rules required under division (A)(2) of this	19993
section, and, as the commission determines necessary, the utility	19994
shall immediately conform its filing to the rules upon their	19995
taking effect.	19996

An application under this division shall detail the electric	19997
distribution utility's proposed compliance with the requirements	19998
of division (A)(1) of this section and with commission rules	19999
under division (A)(2) of this section and demonstrate that all of	20000
the following requirements are met:	20001

(1) The electric distribution utility or its transmission	20002
service affiliate belongs to at least one regional transmission	20003
organization that has been approved by the federal energy	20004
regulatory commission; or there otherwise is comparable and	20005
nondiscriminatory access to the electric transmission grid.	20006

(2) Any such regional transmission organization has a	20007
market-monitor function and the ability to take actions to	20008
identify and mitigate market power or the electric distribution	20009
utility's market conduct; or a similar market monitoring function	20010
exists with commensurate ability to identify and monitor market	20011
conditions and mitigate conduct associated with the exercise of	20012
market power.	20013

(3) A published source of information is available publicly	20014
or through subscription that identifies pricing information for	20015
traded electricity on- and off-peak energy products that are	20016
contracts for delivery beginning at least two years from the date	20017
of the publication and is updated on a regular basis.	20018

The commission shall initiate a proceeding and, within ninety	20019
days after the application's filing date, shall determine by order	20020
whether the electric distribution utility and its market-rate	20021
offer meet all of the foregoing requirements. If the finding is	20022
positive, the electric distribution utility may initiate its	20023
competitive bidding process. If the finding is negative as to one	20024
or more requirements, the commission in the order shall direct	20025
the electric distribution utility regarding how any deficiency	20026
may be remedied in a timely manner to the commission's	20027
satisfaction; otherwise, the electric distribution utility shall	20028
withdraw the application. However, if such remedy is made and the	20029
subsequent finding is positive and also if the electric	20030
distribution utility made a simultaneous filing under this	20031
section and section 4928.143 of the Revised Code, the utility	20032
shall not initiate its competitive bid until at least one hundred	20033
fifty days after the filing date of those applications.	20034

(C) Upon the completion of the competitive bidding process	20035
authorized by divisions (A) and (B) of this section, including for	20036
the purpose of division (D) of this section, the commission shall	20037
select the least-cost bid winner or winners of that process, and	20038
such selected bid or bids, as prescribed as retail rates by the	20039
commission, shall be the electric distribution utility's	20040
standard service offer unless the commission, by order issued	20041
before the third calendar day following the conclusion of the	20042
competitive bidding process for the market rate offer, determines	20043
that one or more of the following criteria were not met:	20044

(1) Each portion of the bidding process was oversubscribed,	20045
such that the amount of supply bid upon was greater than the	20046
amount of the load bid out.	20047

(2) There were four or more bidders.

20048

(3) At least twenty-five per cent of the load is bid upon by	20049
one or more persons other than the electric distribution utility.	20050

All costs incurred by the electric distribution utility as a	20051
result of or related to the competitive bidding process or to	20052
procuring generation service to provide the standard service	20053
offer, including the costs of energy and capacity and the costs	20054
of all other products and services procured as a result of the	20055
competitive bidding process, shall be timely recovered through	20056
the standard service offer price, and, for that purpose, the	20057
commission shall approve a reconciliation mechanism, other	20058
recovery mechanism, or a combination of such mechanisms for the	20059
utility.	20060

(D) The first application filed under this section by an	20061
electric distribution utility that, as of ~~the effective date of~~	20062
~~this section~~July 31, 2008, directly owns, in whole or in part,	20063
operating electric generating facilities that had been used and	20064
useful in this state shall require that a portion of that	20065
utility's standard service offer load for the first five years	20066
of the market rate offer be competitively bid under division	20067
(A) of this section as follows: ten per cent of the load in	20068
year one ~~and~~, not ~~less~~more than twenty per cent in year two,	20069
thirty per cent in year three, forty per cent in year four,	20070
and fifty per cent in year five. Consistent with those	20071
percentages, the commission shall determine the actual	20072
percentages for each year of years one through five. The	20073
standard service offer price for retail electric generation	20074
service under this first application shall be a proportionate	20075
blend of the bid price and the generation service price for	20076
the remaining standard service offer load, which latter price	20077
shall be equal to the electric distribution utility's most	20078
recent standard service offer price, adjusted upward or	20079
downward as the commission determines reasonable, relative to	20080
the jurisdictional portion of any known and measurable changes	20081
from the level of any one or more of the following costs as	20082
reflected in that most recent standard service offer price:	20083

(1) The electric distribution utility's prudently incurred	20084
cost of fuel used to produce electricity;	20085

(2) Its prudently incurred purchased power costs;

20086

(3) Its prudently incurred costs of satisfying the supply and	20087
demand portfolio requirements of this state, including, but not	20088
limited to, renewable energy resource and energy efficiency	20089
requirements;	20090

(4) Its costs prudently incurred to comply with environmental	20091
laws and regulations, with consideration of the derating of any	20092
facility associated with those costs.	20093

In making any adjustment to the most recent standard service	20094
offer price on the basis of costs described in division (D) of	20095
this section, the commission shall include the benefits that may	20096
become available to the electric distribution utility as a result	20097
of or in connection with the costs included in the adjustment,	20098
including, but not limited to, the utility's receipt of emissions	20099
credits or its receipt of tax benefits or of other benefits, and,	20100
accordingly, the commission may impose such conditions on the	20101
adjustment to ensure that any such benefits are properly aligned	20102
with the associated cost responsibility. The commission shall	20103
also determine how such adjustments will affect the electric	20104
distribution utility's return on common equity that may be	20105
achieved by those adjustments. The commission shall not apply its	20106
consideration of the return on common equity to reduce any	20107
adjustments authorized under this division unless the adjustments	20108
will cause the electric distribution utility to earn a return on	20109
common equity that is significantly in excess of the return on	20110
common equity that is earned by publicly traded companies,	20111
including utilities, that face comparable business and financial	20112
risk, with such adjustments for capital structure as may be	20113
appropriate. The burden of proof for demonstrating that	20114
significantly excessive earnings will not occur shall be on the	20115
electric distribution utility.	20116

Additionally, the commission may adjust the electric	20117
distribution utility's most recent standard service offer price by	20118
such just and reasonable amount that the commission determines	20119
necessary to address any emergency that threatens the utility's	20120
financial integrity or to ensure that the resulting revenue	20121
available to the utility for providing the standard service offer	20122
is not so inadequate as to result, directly or indirectly, in a	20123
taking of property without compensation pursuant to Section 19 of	20124
Article I, Ohio Constitution. The electric distribution utility	20125
has the burden of demonstrating that any adjustment to its most	20126
recent standard service offer price is proper in accordance with	20127
this division.	20128

(E) Beginning in the second year of a blended price under	20129
division (D) of this section and notwithstanding any other	20130
requirement of this section, the commission may alter	20131
prospectively the proportions specified in that division to	20132
mitigate any effect of an abrupt or significant change in the	20133
electric distribution utility's standard service offer price that	20134
would otherwise result in general or with respect to any rate	20135
group or rate schedule but for such alteration. Any such	20136
alteration shall be made not more often than annually, and the	20137
commission shall not, by altering those proportions and in any	20138
event, including because of the length of time, as authorized	20139
under division (C) of this section, taken to approve the market	20140
rate offer, cause the duration of the blending period to exceed	20141
ten years as counted from the effective date of the approved	20142
market rate offer. Additionally, any such alteration shall be	20143
limited to an alteration affecting the prospective proportions	20144
used during the blending period and shall not affect any blending	20145
proportion previously approved and applied by the commission	20146
under this division.	20147

(F) An electric distribution utility that has received	20148
commission approval of its first application under division (C) of	20149
this section shall not, nor ever shall be authorized or required	20150
by the commission to, file an application under section 4928.143	20151
of the Revised Code.	20152

Sec. 4928.20. (A) The legislative authority of a municipal	20153
corporation may adopt an ordinance, or the board of township	20154
trustees of a township or the board of county commissioners of a	20155
county may adopt a resolution, under which, on or after the	20156
starting date of competitive retail electric service, it may	20157
aggregate in accordance with this section the retail electrical	20158
loads located, respectively, within the municipal corporation,	20159
township, or unincorporated area of the county and, for that	20160
purpose, may enter into service agreements to facilitate for those	20161
loads the sale and purchase of electricity. The legislative	20162
authority or board also may exercise such authority jointly with	20163
any other such legislative authority or board. For customers that	20164
are not mercantile customers, an ordinance or resolution under	20165
this division shall specify whether the aggregation will occur	20166
only with the prior, affirmative consent of each person owning,	20167
occupying, controlling, or using an electric load center proposed	20168
to be aggregated or will occur automatically for all such persons	20169
pursuant to the opt-out requirements of division (D) of this	20170
section. The aggregation of mercantile customers shall occur only	20171
with the prior, affirmative consent of each such person owning,	20172
occupying, controlling, or using an electric load center proposed	20173
to be aggregated. Nothing in this division, however, authorizes	20174
the aggregation of the retail electric loads of an electric load	20175
center, as defined in section 4933.81 of the Revised Code, that	20176
is located in the certified territory of a nonprofit electric	20177
supplier under sections 4933.81 to 4933.90 of the Revised Code or	20178
an electric load center served by transmission or distribution	20179
facilities of a municipal electric utility.	20180

(B) If an ordinance or resolution adopted under division (A)	20181
of this section specifies that aggregation of customers that are	20182
not mercantile customers will occur automatically as described in	20183
that division, the ordinance or resolution shall direct the board	20184
of elections to submit the question of the authority to aggregate	20185
to the electors of the respective municipal corporation, township,	20186
or unincorporated area of a county at a special election on the	20187
day of the next primary or general election in the municipal	20188
corporation, township, or county. The legislative authority or	20189
board shall certify a copy of the ordinance or resolution to the	20190
board of elections not less than seventy-five days before the day	20191
of the special election. No ordinance or resolution adopted under	20192
division (A) of this section that provides for an election under	20193
this division shall take effect unless approved by a majority of	20194
the electors voting upon the ordinance or resolution at the	20195
election held pursuant to this division.	20196

(C) Upon the applicable requisite authority under divisions	20197
(A) and (B) of this section, the legislative authority or board	20198
shall develop a plan of operation and governance for the	20199
aggregation program so authorized. Before adopting a plan under	20200
this division, the legislative authority or board shall hold at	20201
least two public hearings on the plan. Before the first hearing,	20202
the legislative authority or board shall publish notice of the	20203
hearings once a week for two consecutive weeks in a newspaper of	20204
general circulation in the jurisdiction. The notice shall	20205
summarize the plan and state the date, time, and location of each	20206
hearing.	20207

(D) No legislative authority or board, pursuant to an	20208
ordinance or resolution under divisions (A) and (B) of this	20209
section that provides for automatic aggregation of customers that	20210
are not mercantile customers as described in division (A) of this	20211
section, shall aggregate the electrical load of any electric load	20212
center located within its jurisdiction unless it in advance	20213
clearly discloses to the person owning, occupying, controlling,	20214
or using the load center that the person will be enrolled	20215
automatically in the aggregation program and will remain so	20216
enrolled unless the person affirmatively elects by a stated	20217
procedure not to be so enrolled. The disclosure shall state	20218
prominently the rates, charges, and other terms and conditions of	20219
enrollment. The stated procedure shall allow any person enrolled	20220
in the aggregation program the opportunity to opt out of the	20221
program every three years, without paying a switching fee. Any	20222
such person that opts out before the commencement of the	20223
aggregation program pursuant to the stated procedure shall	20224
default to the standard service offer provided under section	20225
4928.14 or division (D) of section 4928.35 of the Revised Code	20226
until the person chooses an alternative supplier.	20227

(E)(1) With respect to a governmental aggregation for a	20228
municipal corporation that is authorized pursuant to divisions (A)	20229
to (D) of this section, resolutions may be proposed by initiative	20230
or referendum petitions in accordance with sections 731.28 to	20231
731.41 of the Revised Code.	20232

(2) With respect to a governmental aggregation for a township	20233
or the unincorporated area of a county, which aggregation is	20234
authorized pursuant to divisions (A) to (D) of this section,	20235
resolutions may be proposed by initiative or referendum petitions	20236
in accordance with sections 731.28 to 731.40 of the Revised Code,	20237
except that:	20238

(a) The petitions shall be filed, respectively, with the	20239
township fiscal officer or the board of county commissioners, who	20240
shall perform those duties imposed under those sections upon the	20241
city auditor or village clerk.	20242

(b) The petitions shall contain the signatures of not less	20243
than ten per cent of the total number of electors in,	20244
respectively, the township or the unincorporated area of the	20245
county who voted for the office of governor at the preceding	20246
general election for that office in that area.	20247

(F) A governmental aggregator under division (A) of this	20248
section is not a public utility engaging in the wholesale purchase	20249
and resale of electricity, and provision of the aggregated service	20250
is not a wholesale utility transaction. A governmental aggregator	20251
shall be subject to supervision and regulation by the public	20252
utilities commission only to the extent of any competitive retail	20253
electric service it provides and commission authority under this	20254
chapter.	20255

(G) This section does not apply in the case of a municipal	20256
corporation that supplies such aggregated service to electric load	20257
centers to which its municipal electric utility also supplies a	20258
noncompetitive retail electric service through transmission or	20259
distribution facilities the utility singly or jointly owns or	20260
operates.	20261

(H) A governmental aggregator shall not include in its	20262
aggregation the accounts of any of the following:	20263

(1) A customer that has opted out of the aggregation;

20264

(2) A customer in contract with a certified electric	20265
services company;	20266

(3) A customer that has a special contract with an electric	20267
distribution utility;	20268

(4) A customer that is not located within the governmental	20269
aggregator's governmental boundaries;	20270

(5) Subject to division (C) of section 4928.21 of the Revised	20271
Code, a customer who appears on the "do not aggregate" list	20272
maintained under that section.	20273

(I) Customers that are part of a governmental aggregation	20274
under this section shall be responsible only for such portion of a	20275
surcharge under section 4928.144 of the Revised Code that is	20276
proportionate to the benefits, as determined by the commission,	20277
that electric load centers within the jurisdiction of the	20278
governmental ~~aggregation's customers~~aggregation as ~~an aggregated~~	20279
a group receive. The proportionate surcharge so established shall	20280
apply to each customer of the governmental aggregation while the	20281
customer is part of that aggregation. If a customer ceases being	20282
such a customer, the otherwise applicable surcharge shall apply.	20283
Nothing in this section shall result in less than full recovery by	20284
an electric distribution utility of any surcharge authorized under	20285
section 4928.144 of the Revised Code.	20286

(J) On behalf of the customers that are part of a	20287
governmental aggregation under this section and by filing written	20288
notice with the public utilities commission, the legislative	20289
authority that formed or is forming that governmental aggregation	20290
may elect not to receive standby service within the meaning of	20291
division (B)(2)~~(e)~~(d) of section 4928.143 of the Revised Code	20292
from an electric distribution utility in whose certified	20293
territory the governmental aggregation is located and that	20294
operates under an approved electric security plan under that	20295
section. Upon the filing of that notice, the electric	20296
distribution utility shall not charge any such customer to whom	20297
~~electricity is delivered~~competitive retail electric generation	20298
service is provided by another supplier under the governmental	20299
aggregation for the standby service. Any such consumer that	20300
returns to the utility for competitive retail electric service	20301
shall pay the market price of power incurred by the utility to	20302
serve that consumer plus any amount attributable to the utility's	20303
cost of compliance with the alternative energy resource	20304
provisions of section 4928.64 of the Revised Code to serve the	20305
consumer. Such market price shall include, but not be limited to,	20306
capacity and energy charges; all charges associated with the	20307
provision of that power supply through the regional transmission	20308
organization, including, but not limited to, transmission,	20309
ancillary services, congestion, and settlement and administrative	20310
charges; and all other costs incurred by the utility that are	20311
associated with the procurement, provision, and administration of	20312
that power supply, as such costs may be approved by the	20313
commission. The period of time during which the market price and	20314
alternative energy resource amount shall be so assessed on the	20315
consumer shall be from the time the consumer so returns to the	20316
electric distribution utility until the expiration of the	20317
electric security plan. However, if that period of time is	20318
expected to be more than two years, the commission may reduce the	20319
time period to a period of not less than two years.	20320

(K) The commission shall adopt rules to encourage and promote	20321
large-scale governmental aggregation in this state. For that	20322
purpose, the commission shall conduct an immediate review of any	20323
rules it has adopted for the purpose of this section that are in	20324
effect on the effective date of the amendment of this section by	20325
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	20326
within the context of an electric security plan under section	20327
4928.143 of the Revised Code, the commission shall consider the	20328
effect on large-scale governmental aggregation of any	20329
nonbypassable generation charges, however collected, that would	20330
be established under that plan, except any nonbypassable	20331
generation ~~charge~~charges that ~~relates~~relate to aany cost	20332
incurred by the electric distribution utility, the deferral of	20333
which has been authorized by the commission prior to the	20334
effective date of the amendment of this section by S.B. 221 of	20335
the 127th general assembly, July 31, 2008.	20336

Sec. 4981.14. (A) The Ohio rail development commission may	20337
exercise all powers necessary or appropriate to carry out its	20338
corporate purposes.	20339

(B) The commission may do all of the following:

20340

(1) Adopt, and from time to time, ratify, amend, and repeal	20341
bylaws necessary and proper for the regulation of its affairs and	20342
the conduct of its business and rules to implement and make	20343
effective its powers and duties;	20344

(2) Adopt an official seal;

20345

(3) Maintain a principal office in Columbus and, if	20346
necessary, regional sub-offices at locations properly designated	20347
or provided;	20348

(4) Sue and be sued in its own name and plead and be	20349
impleaded in its own name, particularly to enforce the obligations	20350
and covenants made under this section and sections 4981.13,	20351
~~4981.14,~~ and 4981.29 of the Revised Code. Any actions against the	20352
commission shall be brought in the court of common pleas in	20353
Franklin county, in which the principal office of the commission	20354
shall be located.	20355

(5) Undertake or cause to be undertaken the acquisition,	20356
renovation, repair, refunding, operation, maintenance, or	20357
construction of any rail service project;	20358

(6) Establish and operate a revolving loan fund for the	20359
purpose of making loans to qualifying subdivisions, local or	20360
regional transportation authorities, or other persons for the	20361
acquisition, renovation, repair, refunding, or construction of	20362
rail service projects by such qualifying subdivisions, local or	20363
regional transportation authorities, and private corporations or	20364
organizations, and the repayment thereof from project financing	20365
proceeds and revenues; purchase the obligations of counties and	20366
municipal corporations issued for the acquisition, renovation,	20367
repair, or construction of rail service projects by such	20368
qualifying subdivisions and local or regional transportation	20369
authorities; and adopt rules and procedures for making those loans	20370
or purchasing those obligations;	20371

(7) Issue bonds and notes and refunding obligations of the	20372
state, payable as provided in this chapter unless the bonds are	20373
refunded by refunding bonds, for the purpose of borrowing money to	20374
implement any power granted by divisions (B)(5) and (6) of this	20375
section for one or more rail service projects or parts thereof;	20376

(8) Acquire by gift or purchase, hold, or dispose of real and	20377
personal property in the exercise of its powers and performance of	20378
its duties as set forth in this chapter;	20379

(9) Make and enter into all contracts and agreements and	20380
execute all instruments necessary or incidental to the performance	20381
of its duties and the execution of its powers and to employ	20382
natural persons to act on behalf of the commission, and to	20383
establish the terms and conditions of such employment;	20384

(10) Receive and accept from any federal agency or other	20385
person, subject to the approval of the governor, grants for or in	20386
aid of the construction, repair, renovation, operation,	20387
maintenance, or acquisition of rail service projects, and receive	20388
and accept aid or contributions from any source of money,	20389
property, labor, or other things of value, to be held, used, and	20390
applied only for the purposes for which the grants and	20391
contributions are made;	20392

(11) Purchase property coverage and liability insurance for	20393
any rail service project and for any offices of the commission,	20394
insurance protecting the commission and its officers and employees	20395
against liability, if any, or damage to property or injury to or	20396
death of persons arising from its operations, and any other	20397
insurance the commission may agree to provide under any resolution	20398
authorizing the issuance of bonds in accordance with sections	20399
4981.11 to 4981.26 of the Revised Code, or in any trust agreement	20400
securing the same;	20401

(12) Establish or increase reserves from moneys received or	20402
to be received by the commission to secure or pay the principal of	20403
and interest on bonds, notes, or other obligations issued by the	20404
commission pursuant to this chapter or other law. Moneys, funds,	20405
and accounts of the commission, however, are subject only to audit	20406
by the auditor of state and all moneys, funds, and accounts shall	20407
be held in custody or deposited as directed by resolution of the	20408
commission and unless otherwise provided by law all moneys of the	20409
commission not pledged to the holders of bonds of the commission	20410
shall be appropriated by the general assembly.	20411

(13) Receive and disburse the proceeds of general obligation	20412
or other bonds of the state or agencies thereof as may be allowed	20413
by law pursuant to any resolution or act of the general assembly;	20414

(14) To the extent permitted under its contracts with the	20415
holders of bonds or notes of the commission, consent to	20416
modification of the rate of interest, time and payment of	20417
installment of principal or interest, security, or any other term	20418
of a bond, contract, or agreement of any kind to which the	20419
commission is a party;	20420

(15) Make grants to counties or municipal corporations,	20421
qualifying subdivisions, local or regional transportation	20422
authorities, or other persons for one or more rail service	20423
projects ofor parts thereof;	20424

(16) Provide consultation services to any qualifying	20425
subdivision, local or regional transportation authority, or other	20426
person in connection with the acquisition, renovation, repair, or	20427
construction of any rail service project;	20428

(17) Establish and amend the criteria and qualifications for	20429
the making of any loan to or the purchasing of any bond from any	20430
qualifying subdivision, local or regional transportation	20431
authority, or other person and the terms not inconsistent with	20432
this chapter of any loan or bond purchase agreement with any	20433
qualifying subdivision, local or regional transportation	20434
authority, or other person;	20435

(18) Deposit money received from the repayment of loans and	20436
recoveries from the sale, lease, or other disposition of property	20437
acquired or constructed from amounts loaned by the commission	20438
pursuant to section 4981.13 of the Revised Code or division (B) of	20439
this section, in an account pledged to secure, and applied to the	20440
repayment, without the need for appropriation, of, obligations	20441
issued under section 166.08 of the Revised Code to pay the costs	20442
of property, facilities, or equipment that qualifies as rail	20443
service projects; enter into agreements with the treasurer of	20444
state or a corporate trustee for such obligations to provide for	20445
the deposit and pledge of such money as specified in the	20446
agreement, to permit the withdrawal of money by the treasurer of	20447
state or corporate trustee from the account as necessary for	20448
application to the payment of debt service on such obligations,	20449
and to permit the investment of those amounts, without regard to	20450
Chapter 131. or 135. of the Revised Code, pending their	20451
application to the payment of debt service; and enter into	20452
agreements with persons to provide for the repayment of any	20453
amounts paid from any pledged account in connection with	20454
obligations issued under section 166.08 of the Revised Code;	20455

(19) Do all acts necessary and proper to carry out the powers	20456
expressly granted to the commission in this chapter.	20457

(C) Any instrument by which real property is acquired	20458
pursuant to this section shall identify the agency of the state	20459
that has the use and benefit of the real property as specified in	20460
section 5301.012 of the Revised Code.	20461

Sec. 5101.143. (A) The state adoption assistance loan fund	20462
is hereby created in the state treasury. The fund shall consist	20463
of all money appropriated or transferred to it and all loan	20464
repayments or other money, including interest and penalties,	20465
derived from state adoption assistance loans. The department of	20466
job and family services shall administer the fund. Money in the	20467
fund shall be used to make state adoption assistance loans to	20468
prospective adoptive parents applying for a loan under section	20469
3107.018 of the Revised Code. All investment earnings of the fund	20470
shall be credited to the fund.	20471

(B) The director of job and family services shall adopt rules	20472
in accordance with Chapter 119. of the Revised Code as necessary	20473
to implement this section, including rules for creating a loan	20474
application form, procedures and standards for reviewing and	20475
granting or denying loan applications, conditions on the use of	20476
the loan, loan repayment terms, procedures for collection of loan	20477
arrearages, and any monetary penalties for loan arrearages or	20478
improper use of loan funds.	20479

Sec. 5101.26. As used in this section and in sections	20480
5101.27 to 5101.30 of the Revised Code:	20481

(A) "County agency" means a county department of job and	20482
family services or a public children services agency.	20483

(B) "Fugitive felon" means an individual who is fleeing to	20484
avoid prosecution, or custody or confinement after conviction,	20485
under the laws of the place from which the individual is fleeing,	20486
for a crime or an attempt to commit a crime that is a felony under	20487
the laws of the place from which the individual is fleeing or, in	20488
the case of New Jersey, a high misdemeanor, regardless of whether	20489
the individual has departed from the individual's usual place of	20490
residence.	20491

(C) "Information" means records as defined in section 149.011	20492
of the Revised Code, any other documents in any format, and data	20493
derived from records and documents that are generated, acquired,	20494
or maintained by the department of job and family services, a	20495
county agency, or an entity performing duties on behalf of the	20496
department or a county agency.	20497

(D) "Law enforcement agency" means the state highway patrol,	20498
an agency that employs peace officers as defined in section 109.71	20499
of the Revised Code, the adult parole authority, a county	20500
department of probation, a prosecuting attorney, the attorney	20501
general, similar agencies of other states, federal law enforcement	20502
agencies, and postal inspectors. "Law enforcement agency" includes	20503
the peace officers and other law enforcement officers employed by	20504
the agency.	20505

(E) "Medical assistance provided under a public assistance	20506
program" means medical assistance provided under the programs	20507
established under sections 5101.49, 5101.50 to 5101.503, 5101.51	20508
to 5101.5110, ~~and~~ 5101.52 to 5101.529, and 5101.5211 to 5101.5216,	20509
Chapters 5111. and 5115., or any other provision of the Revised	20510
Code.	20511

(F) "Public assistance" means financial assistance, medical	20512
assistance, or social services provided under a program	20513
administered by the department of job and family services or a	20514
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	20515
5108., 5111., or 5115. of the Revised Code or an executive order	20516
issued under section 107.17 of the Revised Code.	20517

(G) "Public assistance recipient" means an applicant for or	20518
recipient or former recipient of public assistance.	20519

Sec. 5101.5211. (A) As used in sections 5101.5211 to	20520
5101.5216 of the Revised Code:	20521

"Children's buy-in program" means the program established	20522
under sections 5101.5211 to 5101.5216 of the Revised Code.	20523

"Countable family income" has the meaning established in	20524
rules adopted under section 5101.5215 of the Revised Code.	20525

"Creditable coverage" has the same meaning as in 42 U.S.C.	20526
300gg(c)(1), except that it does not mean medical assistance	20527
available under the children's buy-in program or the program for	20528
medically handicapped children.	20529

"Family" has the meaning established in rules adopted under	20530
section 5101.5215 of the Revised Code.	20531

"Federal poverty guidelines" has the same meaning as in	20532
section 5101.46 of the Revised Code.	20533

"Program for medically handicapped children" means the	20534
program established under sections 3701.021 to 3701.0210 of the	20535
Revised Code.	20536

(B) The director of job and family services shall establish	20537
the children's buy-in program in accordance with sections	20538
5101.5211 to 5101.5216 of the Revised Code. The director shall	20539
submit to the United States secretary of health and human	20540
services an amendment to the state medicaid plan, an amendment to	20541
the state child health plan, one or more requests for a federal	20542
waiver, or such an amendment and waiver requests as necessary to	20543
seek federal matching funds for the children's buy-in program.	20544
The director shall not begin implementation of the program until	20545
after submitting the amendment, waiver request, or both. The	20546
director may begin implementation of the program before receiving	20547
approval of the amendment, waiver request, or both using state	20548
funds only. The director shall implement the program regardless	20549
of whether the amendment, waiver request, or both are denied. The	20550
program shall be funded with state funds only if the United	20551
States secretary denies federal matching funds for the program.	20552
If the United States secretary approves federal matching funds for	20553
the program and if permitted under the terms of the approval, the	20554
program shall be operated as part of the medicaid program, the	20555
children's health insurance program, or both.	20556

Sec. 5101.5212. Under the children's buy-in program and	20557
subject to section 5101.5213 of the Revised Code, an individual	20558
who does both of the following in accordance with rules adopted	20559
under section 5101.5215 of the Revised Code qualifies for	20560
medical assistance under the program, unless the director of job	20561
and family services has adopted rules under division (B) of	20562
section 5101.5215 of the Revised Code to limit the number of	20563
individuals who may participate in the program at one time and the	20564
program is serving the maximum number of individuals specified in	20565
the rules:	20566

(A) Applies for the children's buy-in program;

20567

(B) Provides satisfactory evidence of all of the following:

20568

(1) That the individual is under nineteen years of age;

20569

(2) That the individual's countable family income exceeds	20570
~~three~~two hundred fifty per cent of the federal poverty	20571
guidelines;	20572

(3) That the individual has not had creditable coverage for	20573
at least six months before enrolling in the children's buy-in	20574
program, unless the individual lost the only creditable coverage	20575
available to the individual because the individual exhausted a	20576
lifetime benefit limitation;	20577

(4) That one or more of the following apply to the	20578
individual:	20579

(a) The individual is unable to obtain creditable coverage	20580
due to a pre-existing condition of the individual;	20581

(b) The individual lost the only creditable coverage	20582
available to the individual because the individual has exhausted	20583
a lifetime benefit limitation;	20584

(c) The premium for the only creditable coverage available to	20585
the individual is greater than two hundred per cent of the premium	20586
applicable to the individual under the children's buy-in program;	20587

(d) The individual participates in the program for medically	20588
handicapped children.	20589

(5) That the individual meets the additional eligibility	20590
requirements for the children's buy-in program established in	20591
rules adopted under section 5101.5215 of the Revised Code.	20592

Sec. 5101.5213. (A) An individual participating in the	20593
children's buy-in program shall be charged a monthly premium	20594
established by rules adopted under section 5101.5215 of the	20595
Revised Code. The amount of the monthly premium shall not be less	20596
than the following:	20597

(1) In the case of an individual with countable family income	20598
exceeding ~~three~~two hundred fifty per cent but not exceeding	20599
four hundred per cent of the federal poverty guidelines, the	20600
following amount:	20601

(a) If no other member of the individual's family receives	20602
medical assistance under the program with the individual, one	20603
hundred dollars;	20604

(b) If one or more members of the individual's family receive	20605
medical assistance under the program with the individual, one	20606
hundred fifty dollars.	20607

(2) In the case of an individual with countable family income	20608
exceeding four hundred per cent but not exceeding five hundred	20609
per cent of the federal poverty guidelines, the following	20610
amount:	20611

(a) If no other member of the individual's family receives	20612
medical assistance under the program with the individual, one	20613
hundred twenty-five dollars;	20614

(b) If one or more members of the individual's family receive	20615
medical assistance under the program with the individual, one	20616
hundred seventy-five dollars.	20617

(3) In the case of an individual with countable family	20618
income exceeding five hundred per cent of the federal poverty	20619
guidelines, the full amount of the actuarially determined cost	20620
of the premium.	20621

(B) If the premium for the children's buy-in program is not	20622
paid for two consecutive months, the individual shall lose	20623
eligibility for the program. The individual may not resume	20624
participation in the program until the unpaid premiums that	20625
accrued before the individual lost eligibility are paid.	20626

Sec. 5101.5214. (A) An individual participating in the	20627
children's buy-in program ~~may~~shall be charged co-payments to	20628
~~the extent required~~established by rules~~, if any,~~ adopted under	20629
~~division (B) of~~ section 5101.5215 of the Revised Code.	20630

(B) Notwithstanding division (B) of section 5111.0112 of the	20631
Revised Code, if applicable, and to the extent permitted by	20632
federal law, a provider may refuse to provide a service to an	20633
individual if a co-payment ~~authorized~~required by this section is	20634
not paid.	20635

Sec. 5101.5215. (A) The director of job and family services	20636
shall adopt rules in accordance with Chapter 119. of the Revised	20637
Code as necessary to implement the children's buy-in program,	20638
including rules that do all of the following:	20639

(1) Establish the meaning of "countable family income" and	20640
"family";	20641

(2) For the purpose of section 5101.5212 of the Revised	20642
Code, establish additional eligibility requirements for the	20643
program;	20644

(3) For the purpose of section 5101.5213 of the Revised	20645
Code, establish monthly premiums for the children's buy-in	20646
program;	20647

(4) For the purpose of section 5101.5214 of the Revised Code,	20648
establish copayment requirements for the children's buy-in	20649
program.	20650

(B) The director may adopt rules in accordance with Chapter	20651
119. of the Revised Code to ~~establish co-payment requirements~~	20652
~~for~~limit the number of individuals ~~participating~~who may	20653
participate in the children's buy-in program at one time.	20654

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	20655
the Revised Code:	20656

(A) "Information" means all of the following:

20657

(1) An individual's name, address, date of birth, and social	20658
security number;	20659

(2) The group or plan number, or other identifier, assigned	20660
by a third party to a policy held by an individual or a plan in	20661
which the individual participates and the nature of the coverage;	20662

(3) Any other data the director of job and family services	20663
specifies in rules adopted under section 5101.591 of the Revised	20664
Code.	20665

(B) "Medical assistance" means medical items or services	20666
provided under any of the following:	20667

(1) Medicaid, as defined in section 5111.01 of the Revised	20668
Code;	20669

(2) The children's health insurance program part I, part II,	20670
and part III established under sections 5101.50 to 5101.529 of the	20671
Revised Code;	20672

(3) The disability medical assistance program established	20673
under Chapter 5115. of the Revised Code;	20674

(4) The children's buy-in program established under sections	20675
5101.5211 to 5101.5216 of the Revised Code.	20676

(C) "Medical support" means support specified as support for	20677
the purpose of medical care by order of a court or administrative	20678
agency.	20679

(D) "Public assistance" means medical assistance or	20680
assistance under the Ohio works first program established under	20681
Chapter 5107. of the Revised Code.	20682

(E)(1) Subject to division (E)(2) of this section, and except	20683
as provided in division (E)(3) of this section, "third party"	20684
means all of the following:	20685

(a) A person authorized to engage in the business of sickness	20686
and accident insurance under Title XXXIX of the Revised Code;	20687

(b) A person or governmental entity providing coverage for	20688
medical services or items to individuals on a self-insurance	20689
basis;	20690

(c) A health insuring corporation as defined in section	20691
1751.01 of the Revised Code;	20692

(d) A group health plan as defined in 29 U.S.C. 1167;

20693

(e) A service benefit plan as referenced in 42 U.S.C.	20694
1396a(a)(25);	20695

(f) A managed care organization;

20696

(g) A pharmacy benefit manager;

20697

(h) A third party administrator;

20698

(i) Any other person or governmental entity that is, by law,	20699
contract, or agreement, responsible for the payment or processing	20700
of a claim for a medical item or service for a public assistance	20701
recipient or participant.	20702

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	20703
person or governmental entity listed in division (E)(1) of this	20704
section is a third party even if the person or governmental entity	20705
limits or excludes payments for a medical item or service in the	20706
case of a public assistance recipient.	20707

(3) "Third party" does not include the program for medically	20708
handicapped children established under section 3701.023 of the	20709
Revised Code.	20710

Sec. 5101.572. (A) A third party shall cooperate with the	20711
department of job and family services in identifying individuals	20712
for the purpose of establishing third party liability pursuant to	20713
Title XIX of the Social Security Act, as amended.	20714

(B) In furtherance of the requirement in division (A) of this	20715
section and to allow the department to determine any period that	20716
the individual or the individual's spouse or dependent may have	20717
been covered by the third party and the nature of the coverage, a	20718
third party shall provide, as the department so chooses,	20719
information or access to information, or both, in the third	20720
party's electronic data system on the department's request and in	20721
accordance with division (C) of this section.	20722

(C)(1) If the department chooses to receive information	20723
directly, the third party shall provide the information under all	20724
of the following circumstances:	20725

(a) In a medium, format, and manner prescribed by the	20726
director of job and family services in rules adopted under section	20727
5101.591 of the Revised Code;	20728

(b) Free of charge;

20729

(c) Not later than the end of the thirtieth day after the	20730
department makes its request, unless a different time is agreed to	20731
by the director in writing.	20732

(2) If the department chooses to receive access to	20733
information, the third party shall provide access by a method	20734
prescribed by the director of job and family services in rules	20735
adopted under section 5101.591 of the Revised Code. In	20736
facilitating access, the department may enter into a trading	20737
partner agreement with the third party to permit the exchange of	20738
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	20739
Inquiry and Response" transactions.	20740

(D) All of the following apply with respect to information	20741
provided by a third party to the department under this section:	20742

(1) The information is confidential and not a public record	20743
under section 149.43 of the Revised Code.	20744

(2) The release of information to the department is not to be	20745
considered a violation of any right of confidentiality or contract	20746
that the third party may have with covered persons including, but	20747
not limited to, contractees, beneficiaries, heirs, assignees, and	20748
subscribers.	20749

(3) The third party is immune from any liability that it may	20750
otherwise incur through its release of information to the	20751
department.	20752

The department of job and family services shall limit its use	20753
of information gained from third parties to purposes directly	20754
connected with the administration of the medicaid program and the	20755
child support program authorized by Title IV-D of the "Social	20756
Security Act."	20757

(E) No third party shall disclose to other parties or make	20758
use of any information regarding recipients of aid under Chapter	20759
5107. or 5111. of the Revised Code that it obtains from the	20760
department, except in the manner provided for by the director of	20761
job and family services in administrative rules.	20762

Sec. 5101.58. (A) The acceptance of public assistance gives	20763
an automatic right of recovery to the department of job and	20764
family services and a county department of job and family services	20765
against the liability of a third party for the cost of medical	20766
assistance paid on behalf of the public assistance recipient or	20767
participant. When an action or claim is brought against a third	20768
party by a public assistance recipient or participant, any	20769
payment, settlement or compromise of the action or claim, or any	20770
court award or judgment, is subject to the recovery right of the	20771
department of job and family services or county department of job	20772
and family services. Except in the case of a recipient or	20773
participant who receives medical assistance through a managed	20774
care organization, the department's or county department's claim	20775
shall not exceed the amount of medical assistance paid by a	20776
department on behalf of the recipient or participant. A payment,	20777
settlement, compromise, judgment, or award that excludes the	20778
cost of medical assistance paid for by a department shall not	20779
preclude a department from enforcing its rights under this	20780
section.	20781

(B) In the case of a recipient or participant who receives	20782
medical assistance through a managed care organization, the	20783
amount of the department's or county department's claim shall be	20784
the amount the managed care organization pays for medical	20785
assistance rendered to the recipient or participant, even if that	20786
amount is more than the amount a department pays to the managed	20787
care organization for the recipient's or participant's medical	20788
assistance.	20789

(C) A recipient or participant, and the recipient's or	20790
participant's attorney, if any, shall cooperate with the	20791
departments. In furtherance of this requirement, the recipient or	20792
participant, or the recipient's or participant's attorney, if	20793
any, shall, not later than thirty days after initiating informal	20794
recovery activity or filing a legal recovery action against a	20795
third party, provide written notice of the activity or action to	20796
the appropriate department or departments as follows:	20797

(1) To only the department of job and family services when	20798
medical assistance under medicaid or the children's buy-in program	20799
has been paid;	20800

(2) To the department of job and family services and the	20801
appropriate county department of job and family services when	20802
medical assistance under the disability medical assistance program	20803
has been paid.	20804

(D) The written notice that must be given under division (C)	20805
of this section shall disclose the identity and address of any	20806
third party against whom the recipient or participant has or may	20807
have a right of recovery.	20808

(E) No settlement, compromise, judgment, or award or any	20809
recovery in any action or claim by a recipient or participant	20810
where the departments have a right of recovery shall be made final	20811
without first giving the appropriate departments written notice as	20812
described in division (C) of this section and a reasonable	20813
opportunity to perfect their rights of recovery. If the	20814
departments are not given the appropriate written notice, the	20815
recipient or participant and, if there is one, the recipient's or	20816
participant's attorney, are liable to reimburse the departments	20817
for the recovery received to the extent of medical payments made	20818
by the departments.	20819

(F) The departments shall be permitted to enforce their	20820
recovery rights against the third party even though they accepted	20821
prior payments in discharge of their rights under this section if,	20822
at the time the departments received such payments, they were not	20823
aware that additional medical expenses had been incurred but had	20824
not yet been paid by the departments. The third party becomes	20825
liable to the department of job and family services or county	20826
department of job and family services as soon as the third party	20827
is notified in writing of the valid claims for recovery under this	20828
section.	20829

(G)(1) Subject to division (G)(2) of this section, the right	20830
of recovery of a department does not apply to that portion of any	20831
judgment, award, settlement, or compromise of a claim, to the	20832
extent of attorneys' fees, costs, or other expenses incurred by a	20833
recipient or participant in securing the judgment, award,	20834
settlement, or compromise, or to the extent of medical, surgical,	20835
and hospital expenses paid by such recipient or participant from	20836
the recipient's or participant's own resources.	20837

(2) Reasonable attorneys' fees, not to exceed one-third of	20838
the total judgment, award, settlement, or compromise, plus costs	20839
and other expenses incurred by the recipient or participant in	20840
securing the judgment, award, settlement, or compromise, shall	20841
first be deducted from the total judgment, award, settlement, or	20842
compromise. After fees, costs, and other expenses are deducted	20843
from the total judgment, award, settlement, or compromise, the	20844
department of job and family services or appropriate county	20845
department of job and family services shall receive no less than	20846
one-half of the remaining amount, or the actual amount of medical	20847
assistance paid, whichever is less.	20848

(H) A right of recovery created by this section may be	20849
enforced separately or jointly by the department of job and family	20850
services or the appropriate county department of job and family	20851
services. To enforce their recovery rights, the departments may do	20852
any of the following:	20853

(1) Intervene or join in any action or proceeding brought by	20854
the recipient or participant or on the recipient's or	20855
participant's behalf against any third party who may be liable for	20856
the cost of medical assistance paid;	20857

(2) Institute and pursue legal proceedings against any third	20858
party who may be liable for the cost of medical assistance paid;	20859

(3) Initiate legal proceedings in conjunction with any	20860
injured, diseased, or disabled recipient or participant or the	20861
recipient's or participant's attorney or representative.	20862

(I) A recipient or participant shall not assess attorney	20863
fees, costs, or other expenses against the department of job and	20864
family services or a county department of job and family services	20865
when the department or county department enforces its right of	20866
recovery created by this section.	20867

(J) The right of recovery given to the department under this	20868
section does not include rights to support from any other person	20869
assigned to the state under sections 5107.20 and 5115.07 of the	20870
Revised Code, but includes payments made by a third party under	20871
contract with a person having a duty to support.	20872

Sec. 5101.80. (A) As used in this section and in section	20873
5101.801 of the Revised Code:	20874

(1) "County family services agency" has the same meaning as	20875
in section 307.981 of the Revised Code.	20876

(2) "State agency" has the same meaning as in section 9.82 of	20877
the Revised Code.	20878

(3) "Title IV-A administrative agency" means both of the	20879
following:	20880

(a) A county family services agency or state agency	20881
administering a Title IV-A program under the supervision of the	20882
department of job and family services;	20883

(b) A government agency or private, not-for-profit entity	20884
administering a project funded in whole or in part with funds	20885
provided under the Title IV-A demonstration program created under	20886
section 5101.803 of the Revised Code.	20887

(4) "Title IV-A program" means all of the following that are	20888
funded in part with funds provided under the temporary assistance	20889
for needy families block grant established by Title IV-A of the	20890
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	20891
amended:	20892

(a) The Ohio works first program established under Chapter	20893
5107. of the Revised Code;	20894

(b) The prevention, retention, and contingency program	20895
established under Chapter 5108. of the Revised Code;	20896

(c) A program established by the general assembly or an	20897
executive order issued by the governor that is administered or	20898
supervised by the department of job and family services pursuant	20899
to section 5101.801 of the Revised Code;	20900

(d) The kinship permanency incentive program created under	20901
section 5101.802 of the Revised Code;	20902

(e) The Title IV-A demonstration program created under	20903
section 5101.803 of the Revised Code;	20904

(f) A component of a Title IV-A program identified under	20905
divisions (A)(4)(a) to (e) of this section that the Title IV-A	20906
state plan prepared under division (C)(1) of this section	20907
identifies as a component.	20908

(B) The department of job and family services shall act as	20909
the single state agency to administer and supervise the	20910
administration of Title IV-A programs. The Title IV-A state plan	20911
and amendments to the plan prepared under division (C) of this	20912
section are binding on Title IV-A administrative agencies. No	20913
Title IV-A administrative agency may establish, by rule or	20914
otherwise, a policy governing a Title IV-A program that is	20915
inconsistent with a Title IV-A program policy established, in rule	20916
or otherwise, by the director of job and family services.	20917

(C) The department of job and family services shall do all of	20918
the following:	20919

(1) Prepare and submit to the United States secretary of	20920
health and human services a Title IV-A state plan for Title IV-A	20921
programs;	20922

(2) Prepare and submit to the United States secretary of	20923
health and human services amendments to the Title IV-A state plan	20924
that the department determines necessary, including amendments	20925
necessary to implement Title IV-A programs identified in divisions	20926
(A)(4)(c) to (f) of this section;	20927

(3) Prescribe forms for applications, certificates, reports,	20928
records, and accounts of Title IV-A administrative agencies, and	20929
other matters related to Title IV-A programs;	20930

(4) Make such reports, in such form and containing such	20931
information as the department may find necessary to assure the	20932
correctness and verification of such reports, regarding Title IV-A	20933
programs;	20934

(5) Require reports and information from each Title IV-A	20935
administrative agency as may be necessary or advisable regarding a	20936
Title IV-A program;	20937

(6) Afford a fair hearing in accordance with section 5101.35	20938
of the Revised Code to any applicant for, or participant or former	20939
participant of, a Title IV-A program aggrieved by a decision	20940
regarding the program;	20941

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	20942
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	20943
5101.803 of the Revised Code, any sums appropriated by the general	20944
assembly for the purpose of those chapters and sections and all	20945
sums paid to the state by the secretary of the treasury of the	20946
United States as authorized by Title IV-A of the "Social Security	20947
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	20948

(8) Conduct investigations and audits as are necessary	20949
regarding Title IV-A programs;	20950

(9) Enter into reciprocal agreements with other states	20951
relative to the provision of Ohio works first and prevention,	20952
retention, and contingency to residents and nonresidents;	20953

(10) Contract with a private entity to conduct an independent	20954
on-going evaluation of the Ohio works first program and the	20955
prevention, retention, and contingency program. The contract must	20956
require the private entity to do all of the following:	20957

(a) Examine issues of process, practice, impact, and	20958
outcomes;	20959

(b) Study former participants of Ohio works first who have	20960
not participated in Ohio works first for at least one year to	20961
determine whether they are employed, the type of employment in	20962
which they are engaged, the amount of compensation they are	20963
receiving, whether their employer provides health insurance,	20964
whether and how often they have received benefits or services	20965
under the prevention, retention, and contingency program, and	20966
whether they are successfully self sufficient;	20967

(c) Provide the department with reports at times the	20968
department specifies.	20969

(11) Not later than ~~January 1, 2001, and~~ the ~~first~~last day	20970
of each January and July ~~thereafter~~, prepare a report containing	20971
information on the following:	20972

(a) Individuals exhausting the time limits for participation	20973
in Ohio works first set forth in section 5107.18 of the Revised	20974
Code.	20975

(b) Individuals who have been exempted from the time limits	20976
set forth in section 5107.18 of the Revised Code and the reasons	20977
for the exemption.	20978

(D) The department shall provide copies of the reports it	20979
receives under division (C)(10) of this section and prepares under	20980
division (C)(11) of this section to the governor, the president	20981
and minority leader of the senate, and the speaker and minority	20982
leader of the house of representatives. The department shall	20983
provide copies of the reports to any private or government entity	20984
on request.	20985

(E) An authorized representative of the department or a	20986
county family services agency or state agency administering a	20987
Title IV-A program shall have access to all records and	20988
information bearing thereon for the purposes of investigations	20989
conducted pursuant to this section. An authorized representative	20990
of a government entity or private, not-for-profit entity	20991
administering a project funded in whole or in part with funds	20992
provided under the Title IV-A demonstration program shall have	20993
access to all records and information bearing on the project for	20994
the purpose of investigations conducted pursuant to this section.	20995

Sec. 5104.041. (A) All type A and type B family day-care	20996
homes shall procure and maintain one of the following:	20997

(1) Liability insurance issued by an insurer authorized to do	20998
business in this state under Chapter 3905. of the Revised Code	20999
insuring the type A or type B family day-care home against	21000
liability arising out of, or in connection with, the operation of	21001
the family day-care home. Liability insurance procured under this	21002
division shall cover any cause for which the type A or type B	21003
family day-care home would be liable, in the amount of at least	21004
one hundred thousand dollars per occurrence and three hundred	21005
thousand dollars in the aggregate.	21006

(2) An affidavit signed by the parent, guardian, or custodian	21007
of each child receiving child care from the type A or type B	21008
family day-care home that states all of the following:	21009

(a) The family day-care home does not carry liability	21010
insurance described in division (A)(1) of this section;	21011

(b) If the licensee of a type A family day-care home or the	21012
provider of a type B family day-care home is not the owner of	21013
the real property where the family day-care home is located, the	21014
liability insurance, if any, of the owner of the real property	21015
may not provide for coverage of any liability arising out of, or	21016
in connection with, the operation of the family day-care home.	21017

(B) If the licensee of a type A family day-care home or the	21018
provider of a type B family day-care home is not the owner of	21019
the real property where the family day-care home is located and	21020
the family day-care home procures liability insurance described	21021
in division (A)(1) of this section, that licensee or provider	21022
shall name the owner of the real property as an additional	21023
insured party on the liability insurance policy if all of the	21024
following apply:	21025

(1) The owner of the real property requests the licensee or	21026
provider, in writing, to add the owner of the real property to	21027
the liability insurance policy as an additional insured party.	21028

(2) The addition of the owner of the real property does not	21029
result in cancellation or nonrenewal of the insurance policy	21030
procured by the type A or type B family day-care home.	21031

(3) The owner of the real property pays any additional	21032
premium assessed for coverage of the owner of the real property.	21033

(C) Proof of insurance or affidavit required under division	21034
(A) of this section shall be maintained at the type A or type B	21035
family day-care home and made available for review during	21036
inspection or investigation as required under this chapter.	21037

(D) The director of job and family services shall adopt rules	21038
for the enforcement of this section.	21039

Sec. 5111.0210. Until July 1, 2009, the director of job and	21040
family services shall not change the medicaid reimbursement rates	21041
that apply to providers of durable medical equipment from the	21042
rates that are in effect on the effective date of this section.	21043

On and after July 1, 2009, the director shall establish	21044
medicaid reimbursement rates that apply to providers of durable	21045
medical equipment by using a cost analysis methodology. The	21046
methodology shall include a statistically valid sample of all	21047
types of durable medical equipment providers in this state,	21048
including providers that have a large volume of sales, providers	21049
that have a small volume of sales, and providers that operate	21050
predominantly in rural, suburban, or metropolitan areas. The	21051
statistical mean that is derived by using the cost analysis	21052
methodology shall be used by the director to establish the	21053
medicaid rates that apply to providers of durable medical	21054
equipment.	21055

Sec. 5111.032. (A) As used in this section:

21056

(1) "Criminal records check" has the same meaning as in	21057
section 109.572 of the Revised Code.	21058

(2) "Department" includes a designee of the department of job	21059
and family services.	21060

(3) "Owner" means a person who has an ownership interest in a	21061
provider in an amount designated by the department of job and	21062
family services in rules adopted under this section.	21063

(4) "Provider" means a person, institution, or entity that	21064
has a provider agreement with the department of job and family	21065
services pursuant to Title XIX of the "Social Security Act," 49	21066
State. 620 (1965), 42 U.S.C. 1396, as amended.	21067

(B)(1) Except as provided in division (B)(2) of this section,	21068
the department of job and family services may require that any	21069
provider, applicant to be a provider, employee or prospective	21070
employee of a provider, owner or prospective owner of a provider,	21071
officer or prospective officer of a provider, or board member or	21072
prospective board member of a provider submit to a criminal	21073
records check as a condition of obtaining a provider agreement,	21074
continuing to hold a provider agreement, being employed by a	21075
provider, having an ownership interest in a provider, or being an	21076
officer or board member of a provider. The department may	21077
designate the categories of persons who are subject to the	21078
criminal records check requirement. The department shall designate	21079
the times at which the criminal records checks must be conducted.	21080

(2) The section does not apply to providers, applicants to be	21081
providers, employees of a provider, or prospective employees of a	21082
provider who are subject to criminal records checks under section	21083
5111.033 or 5111.034 of the Revised Code.	21084

(C)(1) The department shall inform each provider or applicant	21085
to be a provider whether the provider or applicant is subject to a	21086
criminal records check requirement under division (B) of this	21087
section. For providers, the information shall be given at times	21088
designated in rules adopted under this section. For applicants to	21089
be providers, the information shall be given at the time of	21090
initial application. When the information is given, the department	21091
shall specify which of the provider's or applicant's employees or	21092
prospective employees, owners or prospective owners, officers or	21093
prospective officers, or board members or prospective board	21094
members are subject to the criminal records check requirement.	21095

(2) At times designated in rules adopted under this section,	21096
a provider that is subject to the criminal records check	21097
requirement shall inform each person specified by the department	21098
under division (C)(1) of this section that the person is required,	21099
as applicable, to submit to a criminal records check for final	21100
consideration for employment in a full-time, part-time, or	21101
temporary position; as a condition of continued employment; or as	21102
a condition of becoming or continuing to be an officer, board	21103
member or owner of a provider.	21104

(D)(1) If a provider or applicant to be a provider is subject	21105
to a criminal records check under this section, the department	21106
shall require the conduct of a criminal records check by the	21107
superintendent of the bureau of criminal identification and	21108
investigation. If a provider or applicant to be a provider for	21109
whom a criminal records check is required does not present proof	21110
of having been a resident of this state for the five-year period	21111
immediately prior to the date the criminal records check is	21112
requested or provide evidence that within that five-year period	21113
the superintendent has requested information about the individual	21114
from the federal bureau of investigation in a criminal records	21115
check, the department shall require the provider or applicant to	21116
request that the superintendent obtain information from the	21117
federal bureau of investigation as part of the criminal records	21118
check of the provider or applicant. Even if a provider or	21119
applicant for whom a criminal records check request is required	21120
presents proof of having been a resident of this state for the	21121
five-year period, the department may require that the provider or	21122
applicant request that the superintendent obtain information from	21123
the federal bureau of investigation and include it in the criminal	21124
records check of the provider or applicant.	21125

(2) A provider shall require the conduct of a criminal	21126
records check by the superintendent with respect to each of the	21127
persons specified by the department under division (C)(1) of this	21128
section. If the person for whom a criminal records check is	21129
required does not present proof of having been a resident of this	21130
state for the five-year period immediately prior to the date the	21131
criminal records check is requested or provide evidence that	21132
within that five-year period the superintendent of the bureau of	21133
criminal identification and investigation has requested	21134
information about the individual from the federal bureau of	21135
investigation in a criminal records check, the individual shall	21136
request that the superintendent obtain information from the	21137
federal bureau of investigation as part of the criminal records	21138
check of the individual. Even if an individual for whom a criminal	21139
records check request is required presents proof of having been a	21140
resident of this state for the five-year period, the department	21141
may require the provider to request that the superintendent obtain	21142
information from the federal bureau of investigation and include	21143
it in the criminal records check of the person.	21144

(E)(1) Criminal records checks required under this section	21145
for providers or applicants to be providers shall be obtained as	21146
follows:	21147

(a) The department shall provide each provider or applicant	21148
information about accessing and completing the form prescribed	21149
pursuant to division (C)(1) of section 109.572 of the Revised Code	21150
and the standard fingerprint impression sheet prescribed pursuant	21151
to division (C)(2) of that section.	21152

(b) The provider or applicant shall submit the required form	21153
and one complete set of fingerprint impressions directly to the	21154
superintendent for purposes of conducting the criminal records	21155
check using the applicable methods prescribed by division (C) of	21156
section 109.572 of the Revised Code. The applicant or provider	21157
shall pay all fees associated with obtaining the criminal records	21158
check.	21159

(c) The superintendent shall conduct the criminal records	21160
check in accordance with section 109.572 of the Revised Code. The	21161
provider or applicant shall instruct the superintendent to submit	21162
the report of the criminal records check directly to the director	21163
of job and family services.	21164

(2) Criminal records checks required under this section for	21165
persons specified by the department under division (C)(1) of this	21166
section shall be obtained as follows:	21167

(a) The provider shall give to each person subject to	21168
criminal records check requirement information about accessing and	21169
completing the form prescribed pursuant to division (C)(1) of	21170
section 109.572 of the Revised Code and the standard fingerprint	21171
impression sheet prescribed pursuant to division (C)(2) of that	21172
section.	21173

(b) The person shall submit the required form and one	21174
complete set of fingerprint impressions directly to the	21175
superintendent for purposes of conducting the criminal records	21176
check using the applicable methods prescribed by division (C) of	21177
section 109.572 of the Revised Code. The person shall pay all fees	21178
associated with obtaining the criminal records check.	21179

(c) The superintendent shall conduct the criminal records	21180
check in accordance with section 109.572 of the Revised Code. The	21181
person subject to the criminal records check shall instruct the	21182
superintendent to submit the report of the criminal records check	21183
directly to the provider. The department may require the provider	21184
to submit the report to the department.	21185

(F) If a provider or applicant to be a provider is given the	21186
information specified in division (E)(1)(a) of this section but	21187
fails to obtain a criminal records check, the department shall, as	21188
applicable, terminate the provider agreement or deny the	21189
application to be a provider.	21190

If a person is given the information specified in division	21191
(E)(2)(a) of this section but fails to obtain a criminal records	21192
check, the provider shall not, as applicable, permit the person to	21193
be an employee, owner, officer, or board member of the provider.	21194

(G) Except as provided in rules adopted under division (J) of	21195
this section, the department shall terminate the provider	21196
agreement of a provider or the department shall not issue a	21197
provider agreement to an applicant if the provider or applicant is	21198
subject to a criminal records check under this section and the	21199
provider or applicant has been convicted of, has pleaded guilty	21200
to, or has been found eligible for intervention in lieu of	21201
conviction for any of the following:	21202

(1) A violation of section 2903.01, 2903.02, 2903.03,	21203
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	21204
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	21205
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	21206
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	21207
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	21208
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	21209
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	21210
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	21211
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	21212
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	21213
3716.11 of the Revised Code, felonious sexual penetration in	21214
violation of former section 2907.12 of the Revised Code, a	21215
violation of section 2905.04 of the Revised Code as it existed	21216
prior to July 1, 1996, a violation of section 2919.23 of the	21217
Revised Code that would have been a violation of section 2905.04	21218
of the Revised Code as it existed prior to July 1, 1996, had the	21219
violation been committed prior to that date;	21220

(2) An existing or former law of this state, any other state,	21221
or the United States that is substantially equivalent to any of	21222
the offenses listed in division ~~(D)~~(G)(1) of this section.	21223

(H)(1)(a) Except as provided in rules adopted under division	21224
(J) of this section and subject to division (H)(2) of this	21225
section, no provider shall permit a person to be an employee,	21226
owner, officer, or board member of the provider if the person is	21227
subject to a criminal records check under this section and the	21228
person has been convicted of, has pleaded guilty to, or has been	21229
found eligible for intervention in lieu of conviction for any of	21230
the offenses specified in division (G)(1) or (2) of this section.	21231

(b) No provider shall employ a person who has been excluded	21232
from participating in the medicaid program, the medicare program	21233
operated pursuant to Title XVIII of the "Social Security Act," or	21234
any other federal health care program.	21235

(2)(a) A provider may employ conditionally a person for whom	21236
a criminal records check is required under this section prior to	21237
obtaining the results of a criminal records check regarding the	21238
person, but only if the person submits a request for a criminal	21239
records check not later than five business days after the	21240
individual begins conditional employment.	21241

(b) A provider that employs a person conditionally under	21242
authority of division (H)(2)(a) of this section shall terminate	21243
the person's employment if the results of the criminal records	21244
check request are not obtained within the period ending sixty days	21245
after the date the request is made. Regardless of when the results	21246
of the criminal records check are obtained, if the results	21247
indicate that the individual has been convicted of, has pleaded	21248
guilty to, or has been found eligible for intervention in lieu of	21249
conviction for any of the offenses specified in division (G)(1) or	21250
(2) of this section, the provider shall terminate the person's	21251
employment unless the provider chooses to employ the individual	21252
pursuant to division (J) of this section.	21253

(I) The report of a criminal records check conducted pursuant	21254
to this section is not a public record for the purposes of section	21255
149.43 of the Revised Code and shall not be made available to any	21256
person other than the following:	21257

(1) The person who is the subject of the criminal records	21258
check or the person's representative;	21259

(2) The director of job and family services and the staff of	21260
the department in the administration of the medicaid program;	21261

(3) A court, hearing officer, or other necessary individual	21262
involved in a case dealing with the denial or termination of a	21263
provider agreement;	21264

(4) A court, hearing officer, or other necessary individual	21265
involved in a case dealing with a person's denial of employment,	21266
termination of employment, or employment or unemployment benefits.	21267

(J) The department may adopt rules in accordance with Chapter	21268
119. of the Revised Code to implement this section. The rules may	21269
specify circumstances under which the department may continue a	21270
provider agreement or issue a provider agreement to an applicant	21271
when the provider or applicant has been convicted of, has pleaded	21272
guilty to, or has been found eligible for intervention in lieu of	21273
conviction for any of the offenses specified in division (G)(1) or	21274
(2) of this section. The rules may also specify circumstances	21275
under which a provider may permit a person to be an employee,	21276
owner, officer, or board member of the provider, when the person	21277
has been convicted of, has pleaded guilty to, or has been found	21278
eligible for intervention in lieu of conviction for any of the	21279
offenses specified in division (G)(1) or (2) of this section.	21280

Sec. 5111.084. There is hereby established the pharmacy and	21281
therapeutics committee of the department of job and family	21282
services. The committee shall consist of ~~nine~~ten members and	21283
shall be appointed by the director of job and family services.	21284
The membership of the committee shall include: ~~three~~	21285

(A) Three pharmacists licensed under Chapter 4729. of the	21286
Revised Code; ~~two~~	21287

(B) Two doctors of medicine and two doctors of osteopathy	21288
~~licensed~~who hold certificates issued under Chapter 4731. of the	21289
Revised Code; a	21290

(C) A registered nurse licensed under Chapter 4723. of the	21291
Revised Code; ~~and a~~	21292

(D) A pharmacologist who has a doctoral degree;

21293

(E) A psychiatrist who holds a certificate issued under	21294
Chapter 4731. of the Revised Code and specializes in psychiatry.	21295
~~At least one of the members who is a doctor of medicine or doctor~~	21296
~~of osteopathy shall be a psychiatrist. The~~	21297

The committee shall elect one of its members as chairperson.

21298

Sec. 5111.091. ~~Every three months~~Not later than the first	21299
day of each calendar quarter, the director of job and family	21300
services shall submit a report to the president and minority	21301
leader of the senate ~~and~~, speaker and minority leader of the house	21302
of representatives, and the chairpersons of the committees of the	21303
senate and house of representatives that hear bills making	21304
biennial appropriations on the establishment and implementation of	21305
programs designed to control the increase of the cost of the	21306
medicaid program, increase the efficiency of the medicaid program,	21307
and promote better health outcomes.	21308

The report shall include information regarding all of the	21309
following:	21310

(A) Provider network management;

21311

(B) Electronic claims submission and payment systems;

21312

(C) Limited provider contracts and payments based on	21313
performance;	21314

(D) Efforts to enforce third party liability;

21315

(E) Implementation of the medicaid information technology	21316
system;	21317

(F) Expansion of the medicaid data warehouse and decision	21318
support system;	21319

(G) Development of infrastructure policies for electronic	21320
health records and e-prescribing.	21321

Sec. 5111.31. (A) Every provider agreement with the provider	21322
of a nursing facility or intermediate care facility for the	21323
mentally retarded shall:	21324

(1) Prohibit the provider from failing or refusing to retain	21325
as a patient any person because the person is, becomes, or may, as	21326
a patient in the facility, become a medicaid recipient. For the	21327
purposes of this division, a medicaid recipient who is a patient	21328
in a facility shall be considered a patient in the facility during	21329
any hospital stays totaling less than twenty-five days during any	21330
twelve-month period. Recipients who have been identified by the	21331
department of job and family services or its designee as requiring	21332
the level of care of an intermediate care facility for the	21333
mentally retarded shall not be subject to a maximum period of	21334
absences during which they are considered patients if prior	21335
authorization of the department for visits with relatives and	21336
friends and participation in therapeutic programs is obtained	21337
under rules adopted under section 5111.02 of the Revised Code.	21338

(2) Except as provided by division (B)(1) of this section,	21339
include any part of the facility that meets standards for	21340
certification of compliance with federal and state laws and rules	21341
for participation in the medicaid program.	21342

(3) Prohibit the provider from discriminating against any	21343
patient on the basis of race, color, sex, creed, or national	21344
origin.	21345

(4) Except as otherwise prohibited under section 5111.55 of	21346
the Revised Code, prohibit the provider from failing or refusing	21347
to accept a patient because the patient is, becomes, or may, as a	21348
patient in the facility, become a medicaid recipient if less than	21349
eighty per cent of the patients in the facility are medicaid	21350
recipients.	21351

(B)(1) Except as provided by division (B)(2) of this section,	21352
the following are not required to be included in a provider	21353
agreement unless otherwise required by federal law:	21354

(a) Beds added during the period beginning July 1, 1987, and	21355
ending July 1, 1993, to a nursing home licensed under Chapter	21356
3721. of the Revised Code;	21357

(b) Beds in an intermediate care facility for the mentally	21358
retarded that are designated for respite care under a medicaid	21359
waiver component operated pursuant to a waiver sought under	21360
section 5111.87 of the Revised Code;	21361

~~(c) Beds that are converted to providing home and~~	21362
~~community-based services under the ICF/MR conversion pilot program~~	21363
~~authorized by a waiver sought under division (B)(1) of section~~	21364
~~5111.88 of the Revised Code~~.	21365

(2) If a provider chooses to include a bed specified in	21366
division (B)(1)(a) of this section in a provider agreement, the	21367
bed may not be removed from the provider agreement unless the	21368
provider withdraws the facility in which the bed is located from	21369
the medicaid program.	21370

(C) Nothing in this section shall bar a provider that is a	21371
religious organization operating a religious or denominational	21372
nursing facility or intermediate care facility for the mentally	21373
retarded from giving preference to persons of the same religion or	21374
denomination. Nothing in this section shall bar any provider from	21375
giving preference to persons with whom the provider has	21376
contracted to provide continuing care.	21377

(D) Nothing in this section shall bar the provider of a	21378
county home organized under Chapter 5155. of the Revised Code from	21379
admitting residents exclusively from the county in which the	21380
county home is located.	21381

(E) No provider of a nursing facility or intermediate care	21382
facility for the mentally retarded for which a provider agreement	21383
is in effect shall violate the provider contract obligations	21384
imposed under this section.	21385

(F) Nothing in divisions (A) and (C) of this section shall	21386
bar a provider from retaining patients who have resided in the	21387
provider's facility for not less than one year as private pay	21388
patients and who subsequently become medicaid recipients, but	21389
refusing to accept as a patient any person who is or may, as a	21390
patient in the facility, become a medicaid recipient, if all of	21391
the following apply:	21392

(1) The provider does not refuse to retain any patient who	21393
has resided in the provider's facility for not less than one year	21394
as a private pay patient because the patient becomes a medicaid	21395
recipient, except as necessary to comply with division (F)(2) of	21396
this section;	21397

(2) The number of medicaid recipients retained under this	21398
division does not at any time exceed ten per cent of all the	21399
patients in the facility;	21400

(3) On July 1, 1980, all the patients in the facility were	21401
private pay patients.	21402

Sec. 5111.71. (A) As used in sections 5111.71 to 5111.715 of	21403
the Revised Code, "qualified medicaid school provider" means the	21404
board of education of a city, local, or exempted village school	21405
district, the governing authority of a community school	21406
established under Chapter 3314. of the Revised Code, the state	21407
school for the deaf, and the state school for the blind to which	21408
both of the following apply:	21409

(1) It holds a valid medicaid provider agreement.

21410

(2) It meets all other conditions for participation in the	21411
medicaid school component of the medicaid program established in	21412
rules adopted under section 5111.715 of the Revised Code.	21413

(B) The director of job and family services shall submit a	21414
state medicaid plan amendment to the United States secretary of	21415
health and human services for the purpose of creating, in	21416
accordance with sections 5111.71 to 5111.715 of the Revised Code,	21417
the medicaid school component of the medicaid program. The	21418
director shall create the medicaid school component on receipt of	21419
the United States secretary's approval of the amendment.	21420

Sec. 5111.711. A qualified medicaid school provider	21421
participating in the medicaid school component of the medicaid	21422
program may submit a claim to the department of job and family	21423
services for federal financial participation for providing, in	21424
schools, services covered by the medicaid school component to	21425
medicaid recipients who are eligible for the services. No	21426
qualified medicaid school provider may submit such a claim before	21427
the provider incurs the cost of providing the service.	21428

The claim shall include certification of the qualified	21429
medicaid school provider's expenditures for the service. The	21430
certification shall show that the money the qualified medicaid	21431
school provider used for the expenditures was nonfederal money the	21432
provider may legally use for providing the service and that the	21433
amount of the expenditures was sufficient to pay the full cost of	21434
the service.	21435

Except as otherwise provided in sections 5111.71 to 5111.715	21436
of the Revised Code and rules adopted under sections 5111.713 and	21437
5111.715 of the Revised Code, a qualified medicaid school provider	21438
is subject to all conditions of participation in the medicaid	21439
program that generally apply to providers of goods and services	21440
under the medicaid program, including conditions regarding audits	21441
and recovery of overpayments.	21442

Sec. 5111.712. The department of job and family services	21443
shall seek federal financial participation for each claim a	21444
qualified medicaid school provider properly submits to the	21445
department under section 5111.711 of the Revised Code. The	21446
department shall disburse the federal financial participation the	21447
department receives from the federal government for such a claim	21448
to the qualified medicaid school provider that submitted the	21449
claim. The department may not pay the qualified medicaid school	21450
provider the nonfederal share of the cost of the services for	21451
which the claim was submitted.	21452

Sec. 5111.713. The department of job and family services	21453
shall enter into an interagency agreement with the department of	21454
education under section 5111.91 of the Revised Code that provides	21455
for the department of education to administer the medicaid school	21456
component of the medicaid program other than the aspects of the	21457
component that sections 5111.71 to 5111.715 of the Revised Code	21458
require the department of job and family services to administer.	21459
The interagency agreement may include a provision that provides	21460
for the department of education to pay to the department of job	21461
and family services the nonfederal share of a portion of the	21462
administrative expenses the department of job and family services	21463
incurs in administering the aspects of the component that the	21464
department of job and family services administers.	21465

The department of education shall establish, in rules adopted	21466
under Chapter 119. of the Revised Code, a process by which	21467
qualified medicaid school providers participating in the medicaid	21468
school component pay to the department of education the nonfederal	21469
share of the department's expenses incurred in administering the	21470
component.	21471

Sec. 5111.714. (A) There is hereby created in the state	21472
treasury the medicaid school program administrative fund.	21473

(B) Both of the following shall be deposited into the	21474
medicaid school program administrative fund:	21475

(1) The federal funds the department of education receives	21476
for the expenses the department incurs in administering the	21477
medicaid school component of the medicaid program;	21478

(2) The money the department collects from qualified medicaid	21479
school providers in the process established in rules adopted	21480
under section 5111.713 of the Revised Code.	21481

(C) No funds shall be deposited into the medicaid school	21482
program administrative fund in violation of federal statutes or	21483
regulations.	21484

(D) The department of education shall use money in the	21485
medicaid school program administrative fund for both of the	21486
following purposes:	21487

(1) Paying for the expenses the department incurs in	21488
administering the medicaid school component of the medicaid	21489
program;	21490

(2) Paying a qualified medicaid school provider a refund for	21491
any overpayment the provider makes to the department under the	21492
process established in rules adopted under section 5111.713 of the	21493
Revised Code if the process results in an overpayment.	21494

Sec. 5111.715. The director of job and family services shall	21495
adopt rules under Chapter 119. of the Revised Code as necessary to	21496
implement the medicaid school component of the medicaid program,	21497
including rules that establish or specify all of the following:	21498

(A) Conditions a board of education of a city, local, or	21499
exempted school district, governing authority of a community	21500
school established under Chapter 3314. of the Revised Code, the	21501
state school for the deaf, and the state school for the blind must	21502
meet to participate in the component;	21503

(B) Services the component covers;

21504

(C) Reimbursement rates for the services the component	21505
covers.	21506

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	21507
of the Revised Code:	21508

"Home and community-based services" has the same meaning as	21509
in section 5123.01 of the Revised Code.	21510

"ICF/MR services" means intermediate care facility for the	21511
mentally retarded services covered by the medicaid program that an	21512
intermediate care facility for the mentally retarded provides to a	21513
resident of the facility who is a medicaid recipient eligible for	21514
medicaid-covered intermediate care facility for the mentally	21515
retarded services.	21516

"Intermediate care facility for the mentally retarded" means	21517
an intermediate care facility for the mentally retarded that is	21518
certified as in compliance with applicable standards for the	21519
medicaid program by the director of health in accordance with	21520
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	21521
U.S.C. 1396, as amended, and licensed as a residential facility	21522
under section 5123.19 of the Revised Code.	21523

"Residential facility" has the same meaning as in section	21524
5123.19 of the Revised Code.	21525

(B) For the purpose of increasing the number of slots	21526
available for home and community-based services and subject to	21527
sections 5111.877 and 5111.878 of the Revised Code, the operator	21528
of an intermediate care facility for the mentally retarded may	21529
convert all of the beds in the facility from providing ICF/MR	21530
services to providing home and community-based services if all	21531
of the following requirements are met:	21532

(1) The operator provides the directors of health, job and	21533
family services, and mental retardation and developmental	21534
disabilities at least ninety days' notice of the operator's intent	21535
to relinquish the facility's certification as an intermediate care	21536
facility for the mentally retarded and to begin providing home and	21537
community-based services.	21538

(2) The operator complies with the requirements of sections	21539
5111.65 to 5111.688 of the Revised Code regarding a voluntary	21540
termination as defined in section 5111.65 of the Revised Code if	21541
those requirements are applicable.	21542

(3) The operator notifies each of the facility's residents	21543
that the facility is to cease providing ICF/MR services and inform	21544
each resident that the resident may do either of the following:	21545

(a) Continue to receive ICF/MR services by transferring to	21546
another facility that is an intermediate care facility for the	21547
mentally retarded willing and able to accept the resident if the	21548
resident continues to qualify for ICF/MR services;	21549

(b) Begin to receive home and community-based services	21550
instead of ICF/MR services from any provider of home and	21551
community-based services that is willing and able to provide the	21552
services to the resident if the resident is eligible for the	21553
services and a slot for the services is available to the resident.	21554

(4) The operator meets the requirements for providing home	21555
and community-based services, including the following:	21556

(a) Such requirements applicable to a residential facility if	21557
the operator maintains the facility's license as a residential	21558
facility;	21559

(b) Such requirements applicable to a facility that is not	21560
licensed as a residential facility if the operator surrenders the	21561
facility's residential facility license under section 5123.19 of	21562
the Revised Code.	21563

(5) The director of mental retardation and developmental	21564
disabilities approves the conversion.	21565

(C) The notice to the director of mental retardation and	21566
developmental disabilities under division (B)(1) of this section	21567
shall specify whether the operator wishes to surrender the	21568
facility's license as a residential facility under section 5123.19	21569
of the Revised Code.	21570

(D) If the director of mental retardation and developmental	21571
disabilities approves a conversion under division (B) of this	21572
section, the director of health shall terminate the certification	21573
of the intermediate care facility for the mentally retarded to be	21574
converted. The director of health shall notify the director of	21575
job and family services of the termination. On receipt of the	21576
director of health's notice, the director of job and family	21577
services shall terminate the operator's medicaid provider	21578
agreement that authorizes the operator to provide ICF/MR services	21579
at the facility. The operator is not entitled to notice or a	21580
hearing under Chapter 119. of the Revised Code before the	21581
director of job and family services terminates the medicaid	21582
provider agreement.	21583

Sec. 5111.875. (A) For the purpose of increasing the number	21584
of slots available for home and community-based services and	21585
subject to sections 5111.877 and 5111.878 of the Revised Code, a	21586
person who acquires, through a request for proposals issued by	21587
the director of mental retardation and developmental	21588
disabilities, a residential facility that is an intermediate care	21589
facility for the mentally retarded and for which the license as a	21590
residential facility was previously surrendered or revoked may	21591
convert some or all of the facility's beds from providing ICF/MR	21592
services to providing home and community-based services if all	21593
of the following requirements are met:	21594

(1) The person provides the directors of health, job and	21595
family services, and mental retardation and developmental	21596
disabilities at least ninety days' notice of the person's intent	21597
to make the conversion.	21598

(2) The person complies with the requirements of sections	21599
5111.65 to 5111.688 of the Revised Code regarding a voluntary	21600
termination as defined in section 5111.65 of the Revised Code if	21601
those requirements are applicable.	21602

(3) If the person intends to convert all of the facility's	21603
beds, the person notifies each of the facility's residents that	21604
the facility is to cease providing ICF/MR services and informs	21605
each resident that the resident may do either of the following:	21606

(a) Continue to receive ICF/MR services by transferring to	21607
another facility that is an intermediate care facility for the	21608
mentally retarded willing and able to accept the resident if the	21609
resident continues to qualify for ICF/MR services;	21610

(b) Begin to receive home and community-based services	21611
instead of ICF/MR services from any provider of home and	21612
community-based services that is willing and able to provide the	21613
services to the resident if the resident is eligible for the	21614
services and a slot for the services is available to the resident.	21615

(4) If the person intends to convert some but not all of the	21616
facility's beds, the person notifies each of the facility's	21617
residents that the facility is to convert some of its beds from	21618
providing ICF/MR services to providing home and community-based	21619
services and inform each resident that the resident may do either	21620
of the following:	21621

(a) Continue to receive ICF/MR services from any provider of	21622
ICF/MR services that is willing and able to provide the services	21623
to the resident if the resident continues to qualify for ICF/MR	21624
services;	21625

(b) Begin to receive home and community-based services	21626
instead of ICF/MR services from any provider of home and	21627
community-based services that is willing and able to provide the	21628
services to the resident if the resident is eligible for the	21629
services and a slot for the services is available to the resident.	21630

(5) The person meets the requirements for providing home and	21631
community-based services at a residential facility.	21632

(B) The notice provided to the directors under division	21633
(A)(1) of this section shall specify whether some or all of the	21634
facility's beds are to be converted. If some but not all of the	21635
beds are to be converted, the notice shall specify how many of	21636
the facility's beds are to be converted and how many of the beds	21637
are to continue to provide ICF/MR services.	21638

(C) On receipt of a notice under division (A)(1) of this	21639
section, the director of health shall do the following:	21640

(1) Terminate the certification of the intermediate care	21641
facility for the mentally retarded if the notice specifies that	21642
all of the facility's beds are to be converted;	21643

(2) Reduce the facility's certified capacity by the number of	21644
beds being converted if the notice specifies that some but not all	21645
of the beds are to be converted.	21646

(D) The director of health shall notify the director of job	21647
and family services of the termination or reduction under division	21648
(C) of this section. On receipt of the director of health's	21649
notice, the director of job and family services shall do the	21650
following:	21651

(1) Terminate the person's medicaid provider agreement that	21652
authorizes the person to provide ICF/MR services at the facility	21653
if the facility's certification was terminated;	21654

(2) Amend the person's medicaid provider agreement to reflect	21655
the facility's reduced certified capacity if the facility's	21656
certified capacity is reduced.	21657

The person is not entitled to notice or a hearing under	21658
Chapter 119. of the Revised Code before the director of job and	21659
family services terminates or amends the medicaid provider	21660
agreement.	21661

Sec. 5111.876. Subject to section 5111.877 of the Revised	21662
Code, the director of mental retardation and developmental	21663
disabilities may request that the director of job and family	21664
services seek the approval of the United States secretary of	21665
health and human services to increase the number of slots	21666
available for home and community-based services by a number not	21667
exceeding the number of beds that were part of the licensed	21668
capacity of a residential facility that had its license revoked or	21669
surrendered under section 5123.19 of the Revised Code if the	21670
residential facility was an intermediate care facility for the	21671
mentally retarded at the time of the license revocation or	21672
surrender. The revocation or surrender may have occurred before,	21673
or may occur on or after, the effective date of this section. The	21674
request may include beds the director removed from such a	21675
residential facility's licensed capacity before transferring	21676
ownership or operation of the residential facility pursuant to a	21677
request for proposals.	21678

Sec. 5111.877. The director of job and family services may	21679
seek approval from the United States secretary of health and human	21680
services for not more than a total of one hundred slots for home	21681
and community-based services for the purposes of sections	21682
5111.874, 5111.875, and 5111.876 of the Revised Code.	21683

Sec. 5111.878. Not more than a total of one hundred beds may	21684
be converted from providing ICF/MR services to providing home and	21685
community-based services under sections 5111.874 and 5111.875 of	21686
the Revised Code.	21687

Sec. 5111.879. No person or government entity may reconvert	21688
a bed to be used for ICF/MR services if the bed was converted to	21689
use for home and community-based services under section 5111.874	21690
or 5111.875 of the Revised Code. This prohibition applies	21691
regardless of either of the following:	21692

(A) The bed is part of the licensed capacity of a residential	21693
facility.	21694

(B) The bed has been sold, leased, or otherwise transferred	21695
to another person or government entity.	21696

Sec. 5111.8710. The directors of job and family services and	21697
mental retardation and developmental disabilities may adopt rules	21698
in accordance with Chapter 119. of the Revised Code as necessary	21699
to implement sections 5111.874 to 5111.8710 of the Revised Code.	21700

Sec. 5111.94. (A) As used in this section, "vendor offset"	21701
means a reduction of a medicaid payment to a medicaid provider to	21702
correct a previous, incorrect medicaid payment to that provider.	21703

(B) There is hereby created in the state treasury the health	21704
care services administration fund. Except as provided in division	21705
(C) of this section, all the following shall be deposited into the	21706
fund:	21707

(1) Amounts deposited into the fund pursuant to sections	21708
5111.92 and 5111.93 of the Revised Code;	21709

(2) The amount of the state share of all money the department	21710
of job and family services, in fiscal year 2003 and each fiscal	21711
year thereafter, recovers pursuant to a tort action under the	21712
department's right of recovery under section 5101.58 of the	21713
Revised Code that exceeds the state share of all money the	21714
department, in fiscal year 2002, recovers pursuant to a tort	21715
action under that right of recovery;	21716

(3) Subject to division (D) of this section, the amount of	21717
the state share of all money the department of job and family	21718
services, in fiscal year 2003 and each fiscal year thereafter,	21719
recovers through audits of medicaid providers that exceeds the	21720
state share of all money the department, in fiscal year 2002,	21721
recovers through such audits;	21722

(4) Amounts from assessments on hospitals under section	21723
5112.06 of the Revised Code and intergovernmental transfers by	21724
governmental hospitals under section 5112.07 of the Revised Code	21725
that are deposited into the fund in accordance with the law;	21726

(5) Amounts that the department of education pays to the	21727
department of job and family services, if any, pursuant to an	21728
interagency agreement entered into under section 5111.713 of the	21729
Revised Code.	21730

(C) No funds shall be deposited into the health care services	21731
administration fund in violation of federal statutes or	21732
regulations.	21733

(D) In determining under division (B)(3) of this section the	21734
amount of money the department, in a fiscal year, recovers through	21735
audits of medicaid providers, the amount recovered in the form of	21736
vendor offset shall be excluded.	21737

(E) The director of job and family services shall use funds	21738
available in the health care services administration fund to pay	21739
for costs associated with the administration of the medicaid	21740
program.	21741

Sec. 5111.941. (A) The medicaid revenue and collections fund	21742
is hereby created in the state treasury. Except as otherwise	21743
provided by statute or as authorized by the controlling board, ~~the~~	21744
~~non-federal~~both of the following shall be credited to the fund:	21745

(1) The nonfederal share of all medicaid-related revenues,	21746
collections, and recoveries ~~shall be credited to the fund~~;	21747

(2) The monthly premiums charged under the children's buy-in	21748
program pursuant to section 5101.5213 of the Revised Code. ~~The~~	21749

(B) The department of job and family services shall use money	21750
credited to the medicaid revenue and collections fund to pay for	21751
medicaid services and contracts and the children's buy-in program	21752
established under sections 5101.5211 to 5101.5216 of the Revised	21753
Code.	21754

Sec. 5112.31. The department of job and family services	21755
shall do all of the following:	21756

(A) For the ~~purpose of providing home and community-based~~	21757
~~services for mentally retarded and developmentally disabled~~	21758
~~persons~~purposes specified in sections 5112.37 and 5112.371 of the	21759
Revised Code, annually assess each intermediate care facility for	21760
the mentally retarded a franchise permit fee equal to ~~nine~~eleven	21761
dollars and ~~sixty-three~~ninety-eight cents multiplied~~, except as~~	21762
~~adjusted under section 5112.311 of the Revised Code,~~ by the	21763
product of the following:	21764

(1) The number of beds certified under Title XIX of the	21765
"Social Security Act" on the first day of May of the calendar year	21766
in which the assessment is determined pursuant to division (A) of	21767
section 5112.33 of the Revised Code;	21768

(2) The number of days in the fiscal year beginning on the	21769
first day of July of the same calendar year.	21770

(B) Beginning July 1, ~~2007~~2009, and the first day of each	21771
July thereafter, adjust fees determined under division (A) of	21772
this section in accordance with the composite inflation factor	21773
established in rules adopted under section 5112.39 of the Revised	21774
Code.	21775

(C) If the United States secretary of health and human	21776
services determines that the franchise permit fee established by	21777
sections 5112.30 to 5112.39 of the Revised Code would be an	21778
impermissible health care-related tax under section 1903(w) of the	21779
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	21780
necessary actions to cease implementation of those sections in	21781
accordance with rules adopted under section 5112.39 of the Revised	21782
Code.	21783

Sec. 5112.37. ~~All~~There is hereby created in the state	21784
treasury the home and community-based services for the mentally	21785
retarded and developmentally disabled fund. Ninety and sixty-one	21786
hundredths per cent of all installment payments and penalties	21787
paid by an intermediate care facility for the mentally retarded	21788
under sections 5112.33 and 5112.34 of the Revised Code shall be	21789
deposited into the ~~"home and community-based services for the~~	21790
~~mentally retarded and developmentally disabled~~ fund~~," which is~~	21791
~~hereby created in the state treasury~~. The department of job and	21792
family services shall distribute the money in the fund in	21793
accordance with rules adopted under section 5112.39 of the Revised	21794
Code. The departments of job and family services and mental	21795
retardation and developmental disabilities shall use the money for	21796
the ~~medical assistance~~medicaid program established under Chapter	21797
5111. of the Revised Code and home and community-based services to	21798
mentally retarded and developmentally disabled persons.	21799

Sec. 5112.371. There is hereby created in the state treasury	21800
the children with intensive behavioral needs programs fund. Nine	21801
and thirty-nine hundredths per cent of all installment payments	21802
and penalties paid by an intermediate care facility for the	21803
mentally retarded under sections 5112.33 and 5112.34 of the	21804
Revised Code shall be deposited in the fund. The money in the fund	21805
shall be used for the programs the director of mental retardation	21806
and developmental disabilities establishes under section 5123.0417	21807
of the Revised Code.	21808

Sec. 5123.0412. (A) The department of mental retardation and	21809
developmental disabilities shall charge each county board of	21810
mental retardation and developmental disabilities an annual fee	21811
equal to one and one-half per cent of the total value of all	21812
medicaid paid claims for ~~medicaid case management services and~~	21813
home and community-based services provided during the year to an	21814
individual eligible for services from the county board. No county	21815
board shall pass the cost of a fee charged to the county board	21816
under this section on to another provider of these services.	21817

(B) The fees collected under this section shall be deposited	21818
into the ODMR/DD administration and oversight fund and the ODJFS	21819
administration and oversight fund, both of which are hereby	21820
created in the state treasury. The portion of the fees to be	21821
deposited into the ODMR/DD administration and oversight fund and	21822
the portion of the fees to be deposited into the ODJFS	21823
administration and oversight fund shall be the portion specified	21824
in an interagency agreement entered into under division (C) of	21825
this section. The department of mental retardation and	21826
developmental disabilities shall use the money in the ODMR/DD	21827
administration and oversight fund and the department of job and	21828
family services shall use the money in the ODJFS administration	21829
and oversight fund for both of the following purposes:	21830

(1) The administrative and oversight costs of medicaid case	21831
management services and home and community-based services. The	21832
administrative and oversight costs shall include costs for staff,	21833
systems, and other resources the departments need and dedicate	21834
solely to the following duties associated with the services:	21835

(a) Eligibility determinations;

21836

(b) Training;

21837

21838

(d) Claims processing;

21839

(e) Quality assurance oversight;

21840

(f) Other duties the departments identify.

21841

(2) Providing technical support to county boards' local	21842
administrative authority under section 5126.055 of the Revised	21843
Code for the services.	21844

(C) The departments of mental retardation and developmental	21845
disabilities and job and family services shall enter into an	21846
interagency agreement to do both of the following:	21847

(1) Specify which portion of the fees collected under this	21848
section is to be deposited into the ODMR/DD administration and	21849
oversight fund and which portion is to be deposited into the ODJFS	21850
administration and oversight fund;	21851

(2) Provide for the departments to coordinate the staff whose	21852
costs are paid for with money in the ODMR/DD administration and	21853
oversight fund and the ODJFS administration and oversight fund.	21854

(D) The departments shall submit an annual report to the	21855
director of budget and management certifying how the departments	21856
spent the money in the ODMR/DD administration and oversight fund	21857
and the ODJFS administration and oversight fund for the purposes	21858
specified in division (B) of this section.	21859

Sec. 5123.0417. (A) Using funds available under section	21860
5112.371 of the Revised Code, the director of mental retardation	21861
and developmental disabilities shall establish one or more	21862
programs for individuals under twenty-one years of age who have	21863
intensive behavioral needs, including such individuals with a	21864
primary diagnosis of autism spectrum disorder. The programs may	21865
include one or more medicaid waiver components that the director	21866
administers pursuant to section 5111.871 of the Revised Code. The	21867
programs may do one or more of the following:	21868

(1) Establish models that incorporate elements common to	21869
effective intervention programs and evidence-based practices in	21870
services for children with intensive behavioral needs;	21871

(2) Design a template for individualized education plans and	21872
individual service plans that provide consistent intervention	21873
programs and evidence-based practices for the care and treatment	21874
of children with intensive behavioral needs;	21875

(3) Disseminate best practice guidelines for use by families	21876
of children with intensive behavioral needs and professionals	21877
working with such families;	21878

(4) Develop a transition planning model for effectively	21879
mainstreaming school-age children with intensive behavioral needs	21880
to their public school district;	21881

(5) Contribute to the field of early and effective	21882
identification and intervention programs for children with	21883
intensive behavioral needs by providing financial support for	21884
scholarly research and publication of clinical findings.	21885

(B) The director of mental retardation and developmental	21886
disabilities shall collaborate with the director of job and family	21887
services and consult with the executive director of the Ohio	21888
center for autism and low incidence and university-based programs	21889
that specialize in services for individuals with developmental	21890
disabilities when establishing programs under this section.	21891

Sec. 5123.196. (A) Except as provided in division ~~(F)~~(E) of	21892
this section, the director of mental retardation and	21893
developmental disabilities shall not issue a license under	21894
section 5123.19 of the Revised Code on or after July 1, 2003, if	21895
issuance will result in there being more beds in all residential	21896
facilities licensed under that section than is permitted under	21897
division (B) of this section.	21898

(B) ~~Except as provided in division (D) of this section, the~~	21899
The maximum number of beds for the purpose of division (A) of	21900
this section shall not exceed ten thousand eight hundred	21901
thirty-eight minus, except as provided in division (C) of this	21902
section, both of the following:	21903

(1) The number of such beds that cease to be residential	21904
facility beds on or after July 1, 2003, because a residential	21905
facility license is revoked, terminated, or not renewed for any	21906
reason or is surrendered in accordance with section 5123.19 of the	21907
Revised Code ~~and after the issuance of an adjudication order~~	21908
~~pursuant to Chapter 119. of the Revised Code~~;	21909

(2) The number of such beds for which a licensee voluntarily	21910
converts to use for supported living on or after July 1, 2003.	21911

(C) The director is not required to reduce the maximum number	21912
of beds pursuant to division (B) of this section by a bed that	21913
ceases to be a residential facility bed if the director determines	21914
that the bed is needed to provide services to an individual with	21915
mental retardation or a developmental disability who resided in	21916
the residential facility in which the bed was located ~~unless the~~	21917
~~reason the bed ceases to be a residential facility bed is because~~	21918
~~it is converted to providing home and community-based services~~	21919
~~under the ICF/MR conversion pilot program that is authorized by a~~	21920
~~waiver sought under division (B)(1) of section 5111.88 of the~~	21921
~~Revised Code~~.	21922

(D) ~~The director shall increase the number of beds determined~~	21923
~~under division (B) of this section if necessary to enable the~~	21924
~~operator of a residential facility to do either of the following:~~	21925

~~(1) Obtain a residential facility license as required by~~	21926
~~section 5111.8814 of the Revised Code;~~	21927

~~(2) Reconvert beds to providing ICF/MR services under section~~	21928
~~5111.8811 of the Revised Code.~~	21929

~~(E)~~ The director shall maintain an up-to-date written record	21930
of the maximum number of residential facility beds provided for by	21931
division (B) of this section.	21932

~~(F)~~(E) The director may issue an interim license under	21933
division (S) of section 5123.19 of the Revised Code and issue,	21934
pursuant to rules adopted under division (H)(11) of that	21935
section, a waiver allowing a residential facility to admit more	21936
residents than the facility is licensed to admit regardless of	21937
whether the interim license or waiver will result in there being	21938
more beds in all residential facilities licensed under that	21939
section than is permitted under division (B) of this section.	21940

Sec. 5123.36. (A) To the extent funds are available and on	21941
application by a county board of mental retardation and	21942
developmental disabilities or private nonprofit agency	21943
incorporated to provide mental retardation or developmental	21944
disability services, the director of mental retardation and	21945
developmental disabilities may enter into an agreement with the	21946
county board or agency to assist the county board or agency with a	21947
mental retardation or developmental disability construction	21948
project. Except as provided by division (B) of this section, the	21949
director may provide up to ninety per cent of the total project	21950
cost where circumstances warrant. The director may, where	21951
circumstances warrant, use existing facilities or other in-kind	21952
match for the local share of the communities' share of the cost.	21953

(B) Upon the recommendation of the director, for projects of	21954
the highest priority of the department of mental retardation and	21955
developmental disabilities, the controlling board may authorize	21956
the director to provide more than ninety per cent of the total	21957
cost of a project under this section.	21958

(C) A county board is eligible for funds under this section	21959
for a project bid on or after January 1, 1992, under either	21960
section 153.07 or 307.86 of the Revised Code, as long as all other	21961
applicable requirements were followed.	21962

(D) A private nonprofit agency that receives funds pursuant	21963
to this section for the construction of a single-family home,	21964
including, where appropriate, the acquisition and installation of	21965
a single-family home fabricated in an off-site facility, is not	21966
subject to the requirements of Chapter 153. of the Revised Code	21967
with respect to the construction project, notwithstanding any	21968
provision of that chapter to the contrary.	21969

(E) The director may not assist a project under this section	21970
unless the controlling board or director of budget and management	21971
also approves the project pursuant to section 126.14 of the	21972
Revised Code.	21973

Sec. 5501.09. (A) There is hereby created within the	21974
division of multi-modal planning and programs the office of	21975
maritime transportation. The director of transportation shall	21976
assign to the office such duties, powers, and functions relating	21977
to state maritime transportation issues and activities as the	21978
director determines.	21979

(B) In addition to those duties, powers, and functions the	21980
director assigns to it, the office of maritime transportation	21981
shall exercise and perform such other duties, powers, and	21982
functions as are assigned to it by law.	21983

Sec. 5502.68. (A) There is hereby created in the state	21984
treasury the drug law enforcement fund. Three dollars and fifty	21985
cents out of each ten-dollar court cost imposed pursuant to	21986
section 2949.094 of the Revised Code shall be credited to the	21987
fund. Money in the fund shall be in an interest-bearing account,	21988
and all interest earned shall be credited to the fund. Money in	21989
the fund shall be used only in accordance with this section to	21990
award grants to counties, municipal corporations, townships,	21991
township police districts, and joint township police districts to	21992
defray the expenses that a drug task force organized in the	21993
county, or in the county in which the municipal corporation,	21994
township, or district is located, incurs in performing its	21995
functions related to the enforcement of the state's drug laws and	21996
other state laws related to illegal drug activity.	21997

The division of criminal justice services shall administer	21998
all money deposited into the drug law enforcement fund and, by	21999
rule adopted under Chapter 119. of the Revised Code, shall	22000
establish procedures for a county, municipal corporation,	22001
township, township police district, or joint township police	22002
district to apply for money from the fund to defray the expenses	22003
that a drug task force organized in the county, or in the county	22004
in which the municipal corporation, township, or district is	22005
located, incurs in performing its functions related to the	22006
enforcement of the state's drug laws and other state laws related	22007
to illegal drug activity, procedures and criteria for determining	22008
eligibility of applicants to be provided money from the fund, and	22009
procedures and criteria for determining the amount of money to be	22010
provided out of the fund to eligible applicants.	22011

(B) The procedures and criteria established under division	22012
(A) of this section for applying for money from the fund shall	22013
include, but shall not be limited to, a provision requiring a	22014
county, municipal corporation, township, township police district,	22015
or joint township police district that applies for money from the	22016
fund to specify in its application the amount of money desired	22017
from the fund, provided that the cumulative amount requested in	22018
all applications submitted for any single drug task force may not	22019
exceed more than two hundred fifty thousand dollars in any	22020
calendar year for that task force.	22021

(C) The procedures and criteria established under division	22022
(A) of this section for determining eligibility of applicants to	22023
be provided money from the fund and for determining the amount of	22024
money to be provided out of the fund to eligible applicants shall	22025
include, but not be limited to, all of the following:	22026

(1) Provisions requiring that, in order to be eligible to be	22027
provided money from the fund, a drug task force that applies for	22028
money from the fund must provide evidence that the drug task force	22029
will receive a local funding match of at least twenty-five per	22030
cent of the task force's projected operating costs in the period	22031
of time covered by the grant;	22032

(2) Provisions requiring that money from the fund be	22033
allocated and provided to drug task forces that apply for money	22034
from the fund in accordance with the following priorities:	22035

(a) Drug task forces that apply, that are in existence on the	22036
date of the application, and that are determined to be eligible	22037
applicants, and to which either of the following applies shall be	22038
given first priority to be provided money from the fund:	22039

(i) Drug task forces that received funding through the	22040
division of criminal justice services in calendar year 2007;	22041

(ii) Drug task forces in a county that has a population that	22042
exceeds seven hundred fifty thousand.	22043

(b) If any moneys remain in the fund after all drug task	22044
forces that apply, that are in existence on the date of the	22045
application, that are determined to be eligible applicants, and	22046
that satisfy the criteria set forth in division (C)(2)(a)(i) or	22047
(ii) of this section are provided money from the fund as	22048
described in division (C)(2)(a) of this section, the following	22049
categories of drug task forces that apply and that are determined	22050
to be eligible applicants shall be given priority to be provided	22051
money from the fund in the order in which they apply for money	22052
from the fund:	22053

(i) Drug task forces that are not in existence on the date of	22054
the application;	22055

(ii) Drug task forces that are in existence on the date of	22056
the application but that do not satisfy the criteria set forth in	22057
division (C)(2)(a)(i) or (ii) of this section.	22058

(D) The procedures and criteria established under division	22059
(A) of this section for determining the amount of money to be	22060
provided out of the fund to eligible applicants shall include, but	22061
shall not be limited to, a provision specifying that the	22062
cumulative amount provided to any single drug task force may not	22063
exceed more than two hundred fifty thousand dollars in any	22064
calendar year.	22065

(E) As used in this section "drug task force" means a drug	22066
task force organized in any county by the sheriff of the county,	22067
the prosecuting attorney of the county, the chief of police of	22068
the organized police department of any municipal corporation or	22069
township in the county, and the chief of police of the police	22070
force of any township police district or joint township police	22071
district in the county to perform functions related to the	22072
enforcement of state drug laws and other state laws related to	22073
illegal drug activity.	22074

Sec. 5513.01. (A) All purchases of machinery, materials,	22075
supplies, or other articles that the director of transportation	22076
makes shall be in the manner provided in this section. In all	22077
cases except those in which the director provides written	22078
authorization for purchases by district deputy directors of	22079
transportation, all such purchases shall be made at the central	22080
office of the department of transportation in Columbus. Before	22081
making any purchase at that office, the director, as provided in	22082
this section, shall give notice to bidders of the director's	22083
intention to purchase. Where the expenditure does not exceed the	22084
amount applicable to the purchase of supplies specified in	22085
division (B) of section 125.05 of the Revised Code, as adjusted	22086
pursuant to division (D) of that section, the director shall give	22087
such notice as the director considers proper, or the director may	22088
make the purchase without notice. Where the expenditure exceeds	22089
the amount applicable to the purchase of supplies specified in	22090
division (B) of section 125.05 of the Revised Code, as adjusted	22091
pursuant to division (D) of that section, the director shall give	22092
notice by posting for not less than ten days a written, typed, or	22093
printed invitation to bidders on a bulletin board, which shall be	22094
located in a place in the offices assigned to the department and	22095
open to the public during business hours. Producers or	22096
distributors of any product may notify the director, in writing,	22097
of the class of articles for the furnishing of which they desire	22098
to bid and their post-office addresses, in which case copies of	22099
all invitations to bidders relating to the purchase of such	22100
articles shall be mailed to such persons by the director by	22101
regular first class mail at least ten days prior to the time fixed	22102
for taking bids. The director also may mail copies of all	22103
invitations to bidders to news agencies or other agencies or	22104
organizations distributing information of this character. Requests	22105
for invitations shall not be valid nor require action by the	22106
director unless renewed, either annually or after such shorter	22107
period as the director may prescribe by a general rule. The	22108
invitation to bidders shall contain a brief statement of the	22109
general character of the article that it is intended to purchase,	22110
the approximate quantity desired, and a statement of the time and	22111
place where bids will be received, and may relate to and describe	22112
as many different articles as the director thinks proper, it being	22113
the intent and purpose of this section to authorize the inclusion	22114
in a single invitation of as many different articles as the	22115
director desires to invite bids upon at any given time.	22116
Invitations issued during each calendar year shall be given	22117
consecutive numbers, and the number assigned to each invitation	22118
shall appear on all copies thereof. In all cases where notice is	22119
required by this section, sealed bids shall be taken, on forms	22120
prescribed and furnished by the director, and modification of bids	22121
after they have been opened shall not be permitted.	22122

(B) The director may permit the Ohio turnpike commission, any	22123
political subdivision, and any state university or college to	22124
participate in contracts into which the director has entered for	22125
the purchase of machinery, materials, supplies, or other articles.	22126
~~Any~~The turnpike commission and any political subdivision or state	22127
university or college desiring to participate in such purchase	22128
contracts shall file with the director a certified copy of the	22129
bylaws or rules of the turnpike commission or the ordinance or	22130
resolution of ~~its~~the legislative authority, board of trustees, or	22131
other governing board requesting authorization to participate in	22132
such contracts and agreeing to be bound by such terms and	22133
conditions as the director prescribes. Purchases made by the	22134
turnpike commission, political subdivisions, or state universities	22135
or colleges under this division are exempt from any competitive	22136
bidding required by law for the purchase of machinery, materials,	22137
supplies, or other articles.	22138

22139

(1) "Political subdivision" means any county, township,	22140
municipal corporation, conservancy district, township park	22141
district, park district created under Chapter 1545. of the Revised	22142
Code, port authority, regional transit authority, regional airport	22143
authority, regional water and sewer district, or county transit	22144
board.	22145

(2) "State university or college" has the same meaning as in	22146
division (A)(1) of section 3345.32 of the Revised Code.	22147

(3) "Ohio turnpike commission" means the commission created	22148
by section 5537.02 of the Revised Code.	22149

Sec. 5525.01. Before entering into a contract the director	22150
of transportation shall advertise for bids for two consecutive	22151
weeks in one newspaper of general circulation published in the	22152
county in which the improvement or part thereof is located, but if	22153
there is no such newspaper then in one newspaper having general	22154
circulation in an adjacent county. The director may advertise for	22155
bids in such other publications as the director considers	22156
advisable. Such notices shall state that plans and specifications	22157
for the improvement are on file in the office of the director and	22158
the district deputy director of the district in which the	22159
improvement or part thereof is located and the time within which	22160
bids therefor will be received.	22161

Each bidder shall be required to file with the bidder's bid a	22162
bid guaranty in the form of a certified check or, a cashier's	22163
check, or an electronic funds transfer to the treasurer of state	22164
that is evidenced by a receipt or by a certification to the	22165
director of transportation in a form prescribed by the director	22166
that an electronic funds transfer has been made to the treasurer	22167
of state, for an amount equal to five per cent of the bidder's	22168
bid, but in no event more than fifty thousand dollars, or a bid	22169
bond for ten per cent of the bidder's bid, payable to the	22170
director, which check, transferred sum, or bond shall be forthwith	22171
returned to the bidder in case the contract is awarded to another	22172
bidder, or, in case of a successful bidder, when the bidder has	22173
entered into a contract and furnished the bonds required by	22174
section 5525.16 of the Revised Code. In the event the contract is	22175
awarded to a bidder, and the bidder fails or refuses to furnish	22176
the bonds as required by section 5525.16 of the Revised Code, the	22177
check, transferred sum, or bid bond filed with the bidder's bid	22178
shall be forfeited as liquidated damages. No bidder shall be	22179
required either to file a signed contract with the bidder's bid,	22180
to enter into a contract, or to furnish the contract performance	22181
bond and the payment bond required by that section until the bids	22182
have been opened and the bidder has been notified by the director	22183
that the bidder is awarded the contract.	22184

The director shall permit a bidder to withdraw the bidder's	22185
bid from consideration, without forfeiture of the ~~certified~~ check,	22186
transferred sum, or bid bond filed with the bid, providing a	22187
written request together with a sworn statement of the grounds for	22188
such withdrawal is delivered within forty-eight hours after the	22189
time established for the receipt of bids, and if the price bid was	22190
substantially lower than the other bids, providing the bid was	22191
submitted in good faith, and the reason for the price bid being	22192
substantially lower was a clerical mistake evident on the face of	22193
the bid, as opposed to a judgment mistake, and was actually due to	22194
an unintentional and substantial arithmetic error or an	22195
unintentional omission of a substantial quantity of work, labor,	22196
or material made directly in the compilation of the bid. In the	22197
event the director decides the conditions for withdrawal have not	22198
been met, the director may award the contract to such bidder. If	22199
such bidder does not then enter into a contract and furnish the	22200
contract bond as required by law, the director may declare	22201
forfeited the ~~certified~~ check, transferred sum, or bid bond as	22202
liquidated damages and award the contract to the next higher	22203
bidder or reject the remaining bids and readvertise the project	22204
for bids. Such bidder may, within thirty days, appeal the decision	22205
of the director to the court of common pleas of Franklin county	22206
and the court may affirm or reverse the decision of the director	22207
and may order the director to refund the amount of the forfeiture.	22208
At the hearing before the common pleas court evidence may be	22209
introduced for and against the decision of the director. The	22210
decision of the common pleas court may be appealed as in other	22211
cases.	22212

There is hereby created the ODOT letting fund, which shall be	22213
in the custody of the treasurer of state but shall not be part of	22214
the state treasury. All certified checks and cashiers' checks	22215
received with bidders' bids, and all sums transferred to the	22216
treasurer of state by electronic funds transfer in connection with	22217
bidders' bids, under this section shall be credited to the fund.	22218
All such bid guaranties shall be held in the fund until a	22219
determination is made as to the final disposition of the money. If	22220
the department determines that any such bid guaranty is no longer	22221
required to be held, the amount of the bid guaranty shall be	22222
returned to the appropriate bidder. If the department determines	22223
that a bid guaranty under this section shall be forfeited, the	22224
amount of the bid guaranty shall be transferred or, in the case of	22225
money paid on a forfeited bond, deposited into the state treasury,	22226
to the credit of the highway operating fund. Any investment	22227
earnings of the ODOT letting fund shall be distributed as the	22228
treasurer of state considers appropriate.	22229

The director shall require all bidders to furnish the	22230
director, upon such forms as the director may prescribe, detailed	22231
information with respect to all pending work of the bidder,	22232
whether with the department of transportation or otherwise,	22233
together with such other information as the director considers	22234
necessary.	22235

In the event a bidder fails to submit anything required to be	22236
submitted with the bid and then fails or refuses to so submit such	22237
at the request of the director, the failure or refusal constitutes	22238
grounds for the director, in the director's discretion, to declare	22239
as forfeited the bid guaranty submitted with the bid.	22240

The director may reject any or all bids. Except in regard to	22241
contracts for environmental remediation and specialty work for	22242
which there are no classes of work set out in the rules adopted by	22243
the director, if the director awards the contract, the director	22244
shall award it to the lowest competent and responsible bidder as	22245
defined by rules adopted by the director under section 5525.05 of	22246
the Revised Code, who is qualified to bid under sections 5525.02	22247
to 5525.09 of the Revised Code. In regard to contracts for	22248
environmental remediation and specialty work for which there are	22249
no classes of work set out in the rules adopted by the director,	22250
the director shall competitively bid the projects in accordance	22251
with this chapter and shall award the contracts to the lowest and	22252
best bidder.	22253

The award for all projects competitively let by the director	22254
under this section shall be made within ten days after the date on	22255
which the bids are opened, and the successful bidder shall enter	22256
into a contract and furnish a contract performance bond and a	22257
payment bond, as provided for in section 5525.16 of the Revised	22258
Code, within ten days after the bidder is notified that the bidder	22259
has been awarded the contract.	22260

The director may insert in any contract awarded under this	22261
chapter a clause providing for value engineering change proposals,	22262
under which a contractor who has been awarded a contract may	22263
propose a change in the plans and specifications of the project	22264
that saves the department time or money on the project without	22265
impairing any of the essential functions and characteristics of	22266
the project such as service life, reliability, economy of	22267
operation, ease of maintenance, safety, and necessary standardized	22268
features. If the director adopts the value engineering proposal,	22269
the savings from the proposal shall be divided between the	22270
department and the contractor according to guidelines established	22271
by the director, provided that the contractor shall receive at	22272
least fifty per cent of the savings from the proposal. The	22273
adoption of a value engineering proposal does not invalidate the	22274
award of the contract or require the director to rebid the	22275
project.	22276

Sec. 5533.94. In addition to the designation in section	22277
5533.35 of the Revised Code, the road known as interstate highway	22278
number ninety, located within the municipal corporation of	22279
Willoughby Hills in Lake county only, shall be known as the "Cpl.	22280
Joshua Harmon Memorial Highway."	22281

The director of transportation may erect suitable markers	22282
along the highway indicating its name.	22283

Sec. 5703.19. (A) To carry out the purposes of the laws that	22284
the tax commissioner is required to administer, the commissioner	22285
or any person employed by the commissioner for that purpose, upon	22286
demand, may inspect books, accounts, records, and memoranda of any	22287
person or public utility subject to those laws, and may examine	22288
under oath any officer, agent, or employee of that person or	22289
public utility. Any person other than the commissioner who makes a	22290
demand pursuant to this section shall produce the person's	22291
authority to make the inspection.	22292

(B) If a person or public utility receives at least ten days'	22293
written notice of a demand made under division (A) of this section	22294
and refuses to comply with that demand, a penalty of five hundred	22295
dollars shall be imposed upon the person or public utility for	22296
each day the person or public utility refuses to comply with the	22297
demand. Penalties imposed under this division may be assessed and	22298
collected in the same manner as assessments made under Chapter	22299
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	22300
5747., 5749., or ~~5753.~~5751., or sections 3734.90 to 3734.9014, of	22301
the Revised Code.	22302

Sec. 5703.21. (A) Except as provided in divisions (B) and	22303
(C) of this section, no agent of the department of taxation,	22304
except in the agent's report to the department or when called on	22305
to testify in any court or proceeding, shall divulge any	22306
information acquired by the agent as to the transactions,	22307
property, or business of any person while acting or claiming to	22308
act under orders of the department. Whoever violates this	22309
provision shall thereafter be disqualified from acting as an	22310
officer or employee or in any other capacity under appointment or	22311
employment of the department.	22312

(B)(1) For purposes of an audit pursuant to section 117.15 of	22313
the Revised Code, or an audit of the department pursuant to	22314
Chapter 117. of the Revised Code, or an audit, pursuant to that	22315
chapter, the objective of which is to express an opinion on a	22316
financial report or statement prepared or issued pursuant to	22317
division (A)(7) or (9) of section 126.21 of the Revised Code, the	22318
officers and employees of the auditor of state charged with	22319
conducting the audit shall have access to and the right to examine	22320
any state tax returns and state tax return information in the	22321
possession of the department to the extent that the access and	22322
examination are necessary for purposes of the audit. Any	22323
information acquired as the result of that access and examination	22324
shall not be divulged for any purpose other than as required for	22325
the audit or unless the officers and employees are required to	22326
testify in a court or proceeding under compulsion of legal	22327
process. Whoever violates this provision shall thereafter be	22328
disqualified from acting as an officer or employee or in any other	22329
capacity under appointment or employment of the auditor of state.	22330

(2) For purposes of an internal audit pursuant to section	22331
126.45 of the Revised Code, the officers and employees of the	22332
office of internal auditing in the office of budget and management	22333
charged with conducting the internal audit shall have access to	22334
and the right to examine any state tax returns and state tax	22335
return information in the possession of the department to the	22336
extent that the access and examination are necessary for purposes	22337
of the internal audit. Any information acquired as the result of	22338
that access and examination shall not be divulged for any purpose	22339
other than as required for the internal audit or unless the	22340
officers and employees are required to testify in a court or	22341
proceeding under compulsion of legal process. Whoever violates	22342
this provision shall thereafter be disqualified from acting as an	22343
officer or employee or in any other capacity under appointment or	22344
employment of the office of internal auditing.	22345

(3) As provided by section 6103(d)(2) of the Internal Revenue	22346
Code, any federal tax returns or federal tax information that the	22347
department has acquired from the internal revenue service, through	22348
federal and state statutory authority, may be disclosed to the	22349
auditor of state or the office of internal auditing solely for	22350
purposes of an audit of the department.	22351

(C) Division (A) of this section does not prohibit any of the	22352
following:	22353

(1) Divulging information contained in applications,	22354
complaints, and related documents filed with the department under	22355
section 5715.27 of the Revised Code or in applications filed with	22356
the department under section 5715.39 of the Revised Code;	22357

(2) Providing information to the office of child support	22358
within the department of job and family services pursuant to	22359
section 3125.43 of the Revised Code;	22360

(3) Disclosing to the board of motor vehicle collision repair	22361
registration any information in the possession of the department	22362
that is necessary for the board to verify the existence of an	22363
applicant's valid vendor's license and current state tax	22364
identification number under section 4775.07 of the Revised Code;	22365

(4) Providing information to the administrator of workers'	22366
compensation pursuant to sections 4123.271 and 4123.591 of the	22367
Revised Code;	22368

(5) Providing to the attorney general information the	22369
department obtains under division (J) of section 1346.01 of the	22370
Revised Code;	22371

(6) Permitting properly authorized officers, employees, or	22372
agents of a municipal corporation from inspecting reports or	22373
information pursuant to rules adopted under section 5745.16 of the	22374
Revised Code;	22375

(7) Providing information regarding the name, account number,	22376
or business address of a holder of a vendor's license issued	22377
pursuant to section 5739.17 of the Revised Code, a holder of a	22378
direct payment permit issued pursuant to section 5739.031 of the	22379
Revised Code, or a seller having a use tax account maintained	22380
pursuant to section 5741.17 of the Revised Code, or information	22381
regarding the active or inactive status of a vendor's license,	22382
direct payment permit, or seller's use tax account;	22383

(8) Releasing invoices or invoice information furnished under	22384
section 4301.433 of the Revised Code pursuant to that section;	22385

(9) Providing to a county auditor notices or documents	22386
concerning or affecting the taxable value of property in the	22387
county auditor's county. Unless authorized by law to disclose	22388
documents so provided, the county auditor shall not disclose such	22389
documents;	22390

(10) Providing to a county auditor sales or use tax return or	22391
audit information under section 333.06 of the Revised Code;	22392

(11) Disclosing to the department of natural resources	22393
information in the possession of the department that is necessary	22394
to verify the taxpayer's compliance with division (A)(1), (8), or	22395
(9) of section 5749.02 of the Revised Code.	22396

Sec. 5703.57. (A) As used in this section, "Ohio business	22397
gateway" has the same meaning as in section 718.051 of the Revised	22398
Code.	22399

(B) There is hereby created the Ohio business gateway	22400
steering committee to direct the continuing development of the	22401
Ohio business gateway and to oversee its operations. The committee	22402
shall provide general oversight regarding operation of the Ohio	22403
business gateway and shall recommend to the department of	22404
administrative services enhancements that will improve the Ohio	22405
business gateway. The committee shall consider all banking,	22406
technological, administrative, and other issues associated with	22407
the Ohio business gateway and shall make recommendations regarding	22408
the type of reporting forms or other tax documents to be filed	22409
through the Ohio business gateway.	22410

22411

(1) The following members, appointed by the governor with the	22412
advice and consent of the senate:	22413

(a) Not more than two representatives of the business	22414
community;	22415

(b) Not more than three representatives of municipal tax	22416
administrators; and	22417

22418

(2) The following ex officio members:

22419

(a) The director or other highest officer of each state	22420
agency that has tax reporting forms or other tax documents filed	22421
with it through the Ohio business gateway or the director's	22422
designee;	22423

(b) The secretary of state or the secretary of state's	22424
designee;	22425

(c) The treasurer of state or the treasurer of state's	22426
designee;	22427

(d) The director of budget and management or the director's	22428
designee;	22429

(e) The ~~director of the office of information technology~~	22430
state chief information officer or the ~~director's~~officer's	22431
designee; ~~and~~	22432

(f) The tax commissioner or the tax commissioner's designee;	22433
and	22434

(g) The director of development or the director's designee.

22435

An appointed member shall serve until the member resigns or	22436
is removed by the governor. Vacancies shall be filled in the same	22437
manner as original appointments.	22438

(D) A vacancy on the committee does not impair the right of	22439
the other members to exercise all the functions of the committee.	22440
The presence of a majority of the members of the committee	22441
constitutes a quorum for the conduct of business of the committee.	22442
The concurrence of at least a majority of the members of the	22443
committee is necessary for any action to be taken by the	22444
committee. On request, each member of the committee shall be	22445
reimbursed for the actual and necessary expenses incurred in the	22446
discharge of the member's duties.	22447

(E) The committee is a part of the department of taxation for	22448
administrative purposes.	22449

(F) Each year, the governor shall select a member of the	22450
committee to serve as chairperson. The chairperson shall appoint	22451
an official or employee of the department of taxation to act as	22452
the committee's secretary. The secretary shall keep minutes of the	22453
committee's meetings and a journal of all meetings, proceedings,	22454
findings, and determinations of the committee.	22455

(G) The committee shall hire professional, technical, and	22456
clerical staff needed to support its activities.	22457

(H) The committee shall meet as often as necessary to perform	22458
its duties.	22459

Sec. 5703.82. (A) Not later than April 1, 2009, the	22460
department of taxation shall acquire the necessary hardware,	22461
software, and services to establish and implement a tax discovery	22462
data system to increase the efficiency of tax collections in the	22463
state. The system must be fully integrated and pre-staged for	22464
the purposes of assisting in revenue analysis, discovering	22465
noncompliant taxpayers, and collecting taxes from those	22466
taxpayers. The system shall consolidate tax data from various	22467
mainframe systems and operate as a single tax discovery data	22468
system. The department shall contract, pursuant to a competitive	22469
bidding process, for the necessary hardware, software, and	22470
services to implement the tax discovery data system.	22471

(B) There is hereby created in the state treasury the	22472
discovery project fund. All money to the credit of the fund shall	22473
be used to pay the costs of implementing and operating the tax	22474
discovery data system and to defray the costs incurred by the	22475
department of taxation in administering the system.	22476

(C) Beginning July 1, 2009, on or before the first day of	22477
January, April, July, and October of each calendar year, the tax	22478
commissioner shall determine and certify to the director of budget	22479
and management the amount needed to pay the costs of operating the	22480
tax discovery data system in the previous calendar quarter and the	22481
costs incurred in the previous calendar quarter by the department	22482
of taxation in administering the system. The director shall	22483
provide for payment from the general revenue fund to the discovery	22484
project fund of the amount so certified.	22485

Sec. 5705.194. The board of education of any city, local,	22486
exempted village, cooperative education, or joint vocational	22487
school district at any time may declare by resolution that the	22488
revenue that will be raised by all tax levies which the district	22489
is authorized to impose, when combined with state and federal	22490
revenues, will be insufficient to provide for the emergency	22491
requirements of the school district or to avoid an operating	22492
deficit, and that it is therefore necessary to levy an additional	22493
tax in excess of the ten-mill limitation. The resolution shall be	22494
confined to a single purpose and shall specify that purpose. If	22495
the levy is proposed to renew all or a portion of the proceeds	22496
derived from one or more existing levies imposed pursuant to this	22497
section, it shall be called a renewal levy and shall be so	22498
designated on the ballot. If two or more existing levies are to be	22499
included in a single renewal levy but are not scheduled to expire	22500
in the same year, the resolution shall specify that the existing	22501
levies to be renewed shall not be levied after the year preceding	22502
the year in which the renewal levy is first imposed.	22503
Notwithstanding the original purpose of any one or more existing	22504
levies that are to be in any single renewal levy, the purpose of	22505
the renewal levy may be either to avoid an operating deficit or to	22506
provide for the emergency requirements of the school district. The	22507
resolution shall further specify the amount of money it is	22508
necessary to raise for the specified purpose for each calendar	22509
year the millage is to be imposed; if a renewal levy, whether the	22510
levy is to renew all, or a portion of, the proceeds derived from	22511
one or more existing levies; and the number of years in which the	22512
millage is to be in effect, which may include a levy upon the	22513
current year's tax list. The number of years may be any number	22514
not exceeding ~~five~~ten.	22515

The question shall be submitted at a special election on a	22516
date specified in the resolution. The date shall not be earlier	22517
than eighty days after the adoption and certification of the	22518
resolution to the county auditor and shall be consistent with the	22519
requirements of section 3501.01 of the Revised Code. A resolution	22520
for a renewal levy shall not be placed on the ballot unless the	22521
question is submitted on a date on which a special election may be	22522
held under division (D) of section 3501.01 of the Revised Code,	22523
except for the first Tuesday after the first Monday in February	22524
and August, during the last year the levy to be renewed may be	22525
extended on the real and public utility property tax list and	22526
duplicate, or at any election held in the ensuing year, except	22527
that if the resolution proposes renewing two or more existing	22528
levies, the question shall be submitted on the date of the general	22529
or primary election held during the last year at least one of the	22530
levies to be renewed may be extended on that list and duplicate,	22531
or at any election held during the ensuing year. For purposes of	22532
this section, a levy shall be considered to be an "existing levy"	22533
through the year following the last year it can be placed on the	22534
real and public utility property tax list and duplicate.	22535

The submission of questions to the electors under this	22536
section is subject to the limitation on the number of election	22537
dates established by section 5705.214 of the Revised Code.	22538

The resolution shall go into immediate effect upon its	22539
passage, and no publication of the resolution shall be necessary	22540
other than that provided for in the notice of election. A copy of	22541
the resolution shall immediately after its passing be certified to	22542
the county auditor of the proper county. Section 5705.195 of the	22543
Revised Code shall govern the arrangements for the submission of	22544
questions to the electors under this section and other matters	22545
concerning the election. Publication of notice of the election	22546
shall be made in one or more newspapers of general circulation in	22547
the county once a week for two consecutive weeks prior to the	22548
election, and, if the board of elections operates and maintains a	22549
web site, the board of elections shall post notice of the election	22550
on its web site for thirty days prior to the election. If a	22551
majority of the electors voting on the question submitted in an	22552
election vote in favor of the levy, the board of education of the	22553
school district may make the additional levy necessary to raise	22554
the amount specified in the resolution for the purpose stated in	22555
the resolution. The tax levy shall be included in the next tax	22556
budget that is certified to the county budget commission.	22557

After the approval of the levy and prior to the time when the	22558
first tax collection from the levy can be made, the board of	22559
education may anticipate a fraction of the proceeds of the levy	22560
and issue anticipation notes in an amount not exceeding the total	22561
estimated proceeds of the levy to be collected during the first	22562
year of the levy.	22563

The notes shall be issued as provided in section 133.24 of	22564
the Revised Code, shall have principal payments during each year	22565
after the year of their issuance over a period not to exceed five	22566
years, and may have principal payment in the year of their	22567
issuance.	22568

Sec. 5705.199. (A) At any time the board of education of a	22569
city, local, exempted village, cooperative education, or joint	22570
vocational school district, by a vote of two-thirds of all its	22571
members, may declare by resolution that the revenue that will be	22572
raised by all tax levies that the district is authorized to	22573
impose, when combined with state and federal revenues, will be	22574
insufficient to provide for the necessary requirements of the	22575
school district, and that it is therefore necessary to levy a tax	22576
in excess of the ten-mill limitation for the purpose of providing	22577
for the necessary requirements of the school district. Such a	22578
levy shall be proposed as a substitute for all or a portion of one	22579
or more existing levies imposed under sections 5705.194 to	22580
5705.197 of the Revised Code or under this section, by levying a	22581
tax as follows:	22582

(1) In the initial year the levy is in effect, the levy shall	22583
be in a specified amount of money equal to the aggregate annual	22584
dollar amount of proceeds derived from the levy or levies, or	22585
portion thereof, being substituted.	22586

(2) In each subsequent year the levy is in effect, the levy	22587
shall be in a specified amount of money equal to the sum of the	22588
following:	22589

(a) The dollar amount of the proceeds derived from the levy	22590
in the prior year; and	22591

(b) The dollar amount equal to the product of the total	22592
taxable value of all taxable real property in the school district	22593
in the then-current year, excluding carryover property as defined	22594
in section 319.301 of the Revised Code, multiplied by the annual	22595
levy, expressed in mills for each one dollar of valuation, that	22596
was required to produce the annual dollar amount of the levy under	22597
this section in the prior year; provided, that the amount under	22598
division (A)(2)(b) of this section shall not be less than zero.	22599

(B) The resolution proposing the substitute levy shall	22600
specify the annual dollar amount the levy is to produce in its	22601
initial year; the first calendar year in which the levy will be	22602
due; and the term of the levy expressed in years, which may be	22603
any number not exceeding ten, or for a continuing period of	22604
time. The resolution shall specify the date of holding the	22605
election, which shall not be earlier than seventy-five days	22606
after certification of the resolution to the board of elections,	22607
and which shall be consistent with the requirements of section	22608
3501.01 of the Revised Code. If two or more existing levies are	22609
to be included in a single substitute levy, but are not	22610
scheduled to expire in the same year, the resolution shall	22611
specify that the existing levies to be substituted shall not be	22612
levied after the year preceding the year in which the substitute	22613
levy is first imposed.	22614

The resolution shall go into immediate effect upon its	22615
passage, and no publication of the resolution shall be necessary	22616
other than that provided for in the notice of election. A copy of	22617
the resolution shall immediately after its passage be certified to	22618
the county auditor in the manner provided by section 5705.195 of	22619
the Revised Code, and sections 5705.194 and 5705.196 of the	22620
Revised Code shall govern the arrangements for the submission of	22621
the question and other matters concerning the notice of election	22622
and the election, except as may be provided otherwise in this	22623
section.	22624

(C) The form of the ballot to be used at the election on the	22625
question of a levy under this section shall be as follows:	22626

"Shall a tax levy substituting for an existing levy be	22627
imposed by the .......... (here insert name of school district)	22628
for the purpose of providing for the necessary requirements of	22629
the school district in the initial sum of .......... (here insert	22630
the annual dollar amount the levy is to produce in its initial	22631
year), and a levy of taxes be made outside of the ten-mill	22632
limitation estimated by the county auditor to require ..........	22633
(here insert number of mills) mills for each one dollar of	22634
valuation, which amounts to .......... (here insert rate	22635
expressed in dollars and cents) for each one hundred dollars of	22636
valuation for the initial year of the tax, for a period of	22637
.......... (here insert the number of years the levy is to be	22638
imposed, or that it will be levied for a continuing period of	22639
time), commencing in .......... (first year the tax is to be	22640
levied), first due in calendar year .......... (first calendar	22641
year in which the tax shall be due), with the sum of such tax to	22642
increase only if and as new land or real property improvements	22643
not previously taxed by the school district are added to its tax	22644
list?	22645

22646

		FOR THE TAX LEVY			22647
		AGAINST THE TAX LEVY	"		22648

22649

If the levy submitted is a proposal to substitute all or a	22650
portion of more than one existing levy, the form of the ballot may	22651
be changed so long as the ballot reflects the number of levies to	22652
be substituted and that none of the existing levies to be	22653
substituted will be levied after the year preceding the year in	22654
which the substitute levy is first imposed. The form of the	22655
ballot shall be modified by substituting the statement "Shall a	22656
tax levy substituting for an existing levy" with "Shall a tax levy	22657
substituting for existing levies" and adding the following	22658
statement after "added to its tax list?" and before "For the Tax	22659
Levy":	22660

"If approved, any remaining tax years on any of the	22661
.......... (here insert the number of existing levies) existing	22662
levies will not be collected after .......... (here insert the	22663
current tax year or, if not the current tax year, the applicable	22664
tax year)."	22665

(D) The submission of questions to the electors under this	22666
section is subject to the limitation on the number of election	22667
dates established by section 5705.214 of the Revised Code.	22668

(E) If a majority of the electors voting on the question so	22669
submitted in an election vote in favor of the levy, the board of	22670
education may make the necessary levy within the school district	22671
at the rate and for the purpose stated in the resolution. The tax	22672
levy shall be included in the next tax budget that is certified to	22673
the county budget commission.	22674

(F) A levy for a continuing period of time may be decreased	22675
pursuant to section 5705.261 of the Revised Code.	22676

(G) A levy under this section substituting for all or a	22677
portion of one or more existing levies imposed under sections	22678
5705.194 to 5705.197 of the Revised Code or under this section	22679
shall be treated as having renewed the levy or levies being	22680
substituted for purposes of the payments made under sections	22681
5751.20 to 5751.22 of the Revised Code.	22682

(H) After the approval of a levy on the current tax list and	22683
duplicate, and prior to the time when the first tax collection	22684
from the levy can be made, the board of education may anticipate	22685
a fraction of the proceeds of the levy and issue anticipation	22686
notes in a principal amount not exceeding fifty per cent of the	22687
total estimated proceeds of the levy to be collected during the	22688
first year of the levy. The notes shall be issued as provided in	22689
section 133.24 of the Revised Code, shall have principal	22690
payments during each year after the year of their issuance over	22691
a period not to exceed five years, and may have a principal	22692
payment in the year of their issuance.	22693

Sec. 5705.214. Not more than three elections during any	22694
calendar year shall include the questions by a school district of	22695
tax levies proposed under any one or any combination of the	22696
following sections: sections 5705.194, 5705.199, 5705.21,	22697
5705.212, 5705.213, 5705.217, and 5705.218 of the Revised Code.	22698

Sec. 5705.29. This section does not apply to a subdivision or	22699
taxing unit for which the county budget commission has waived the	22700
requirement to adopt a tax budget pursuant to section 5705.281 of	22701
the Revised Code. The tax budget shall present the following	22702
information in such detail as is prescribed by the auditor of	22703
state:	22704

(A)(1) A statement of the necessary current operating	22705
expenses for the ensuing fiscal year for each department and	22706
division of the subdivision, classified as to personal services	22707
and other expenses, and the fund from which such expenditures are	22708
to be made. Except in the case of a school district, this estimate	22709
may include a contingent expense not designated for any particular	22710
purpose, and not to exceed three per cent of the total amount of	22711
appropriations for current expenses. In the case of a school	22712
district, this estimate may include a contingent expense not	22713
designated for any particular purpose and not to exceed thirteen	22714
per cent of the total amount of appropriations for current	22715
expenses.	22716

(2) A statement of the expenditures for the ensuing fiscal	22717
year necessary for permanent improvements, exclusive of any	22718
expense to be paid from bond issues, classified as to the	22719
improvements contemplated by the subdivision and the fund from	22720
which such expenditures are to be made;	22721

(3) The amounts required for the payment of final judgments;

22722

(4) A statement of expenditures for the ensuing fiscal year	22723
necessary for any purpose for which a special levy is authorized,	22724
and the fund from which such expenditures are to be made;	22725

(5) Comparative statements, so far as possible, in parallel	22726
columns of corresponding items of expenditures for the current	22727
fiscal year and the two preceding fiscal years.	22728

(B)(1) An estimate of receipts from other sources than the	22729
general property tax during the ensuing fiscal year, which shall	22730
include an estimate of unencumbered balances at the end of the	22731
current fiscal year, and the funds to which such estimated	22732
receipts are credited;	22733

(2) The amount each fund requires from the general property	22734
tax, which shall be the difference between the contemplated	22735
expenditure from the fund and the estimated receipts, as provided	22736
in this section. The section of the Revised Code under which the	22737
tax is authorized shall be set forth.	22738

(3) Comparative statements, so far as possible, in parallel	22739
columns of taxes and other revenues for the current fiscal year	22740
and the two preceding fiscal years.	22741

(C)(1) The amount required for debt charges;

22742

(2) The estimated receipts from sources other than the tax	22743
levy for payment of such debt charges, including the proceeds of	22744
refunding bonds to be issued to refund bonds maturing in the next	22745
succeeding fiscal year;	22746

(3) The net amount for which a tax levy shall be made,	22747
classified as to bonds authorized and issued prior to January 1,	22748
1922, and those authorized and issued subsequent to such date, and	22749
as to what portion of the levy will be within and what in excess	22750
of the ten-mill limitation.	22751

(D) An estimate of amounts from taxes authorized to be levied	22752
in excess of the ten-mill limitation on the tax rate, and the fund	22753
to which such amounts will be credited, together with the sections	22754
of the Revised Code under which each such tax is exempted from all	22755
limitations on the tax rate.	22756

(E)(1) A board of education may include in its budget for the	22757
fiscal year in which a levy proposed under section 5705.194,	22758
5705.199, 5705.21, or 5705.213, or the original levy under section	22759
5705.212 of the Revised Code is first extended on the tax list and	22760
duplicate an estimate of expenditures to be known as a voluntary	22761
contingency reserve balance, which shall not be greater than	22762
twenty-five per cent of the total amount of the levy estimated to	22763
be available for appropriation in such year.	22764

(2) A board of education may include in its budget for the	22765
fiscal year following the year in which a levy proposed under	22766
section 5705.194, 5705.199, 5705.21, or 5705.213, or the original	22767
levy under section 5705.212 of the Revised Code is first extended	22768
on the tax list and duplicate an estimate of expenditures to be	22769
known as a voluntary contingency reserve balance, which shall not	22770
be greater than twenty per cent of the amount of the levy	22771
estimated to be available for appropriation in such year.	22772

(3) Except as provided in division (E)(4) of this section,	22773
the full amount of any reserve balance the board includes in its	22774
budget shall be retained by the county auditor and county	22775
treasurer out of the first semiannual settlement of taxes until	22776
the beginning of the next succeeding fiscal year, and thereupon,	22777
with the depository interest apportioned thereto, it shall be	22778
turned over to the board of education, to be used for the purposes	22779
of such fiscal year.	22780

(4) A board of education, by a two-thirds vote of all members	22781
of the board, may appropriate any amount withheld as a voluntary	22782
contingency reserve balance during the fiscal year for any lawful	22783
purpose, provided that prior to such appropriation the board of	22784
education has authorized the expenditure of all amounts	22785
appropriated for contingencies under section 5705.40 of the	22786
Revised Code. Upon request by the board of education, the county	22787
auditor shall draw a warrant on the district's account in the	22788
county treasury payable to the district in the amount requested.	22789

(F)(1) A board of education may include a spending reserve in	22790
its budget for fiscal years ending on or before June 30, 2002. The	22791
spending reserve shall consist of an estimate of expenditures not	22792
to exceed the district's spending reserve balance. A district's	22793
spending reserve balance is the amount by which the designated	22794
percentage of the district's estimated personal property taxes to	22795
be settled during the calendar year in which the fiscal year ends	22796
exceeds the estimated amount of personal property taxes to be so	22797
settled and received by the district during that fiscal year.	22798
Moneys from a spending reserve shall be appropriated in accordance	22799
with section 133.301 of the Revised Code.	22800

(2) For the purposes of computing a school district's	22801
spending reserve balance for a fiscal year, the designated	22802
percentage shall be as follows:	22803

Fiscal year ending in:	Designated percentage	22804
1998	50%	22805
1999	40%	22806
2000	30%	22807
2001	20%	22808
2002	10%	22809

(G) Except as otherwise provided in this division, the county	22810
budget commission shall not reduce the taxing authority of a	22811
subdivision as a result of the creation of a reserve balance	22812
account. Except as otherwise provided in this division, the county	22813
budget commission shall not consider the amount in a reserve	22814
balance account of a township, county, or municipal corporation as	22815
an unencumbered balance or as revenue for the purposes of division	22816
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	22817
budget commission may require documentation of the reasonableness	22818
of the reserve balance held in any reserve balance account. The	22819
commission shall consider any amount in a reserve balance account	22820
that it determines to be unreasonable as unencumbered and as	22821
revenue for the purposes of ~~sections~~section 5747.51 of the	22822
Revised Code and may take such amounts into consideration when	22823
determining whether to reduce the taxing authority of a	22824
subdivision.	22825

Sec. 5709.121. (A) Real property and tangible personal	22826
property belonging to a charitable or educational institution or	22827
to the state or a political subdivision, shall be considered as	22828
used exclusively for charitable or public purposes by such	22829
institution, the state, or political subdivision, if it meets one	22830
of the following requirements:	22831

(1) It is used by such institution, the state, or political	22832
subdivision, or by one or more other such institutions, the state,	22833
or political subdivisions under a lease, sublease, or other	22834
contractual arrangement:	22835

(a) As a community or area center in which presentations in	22836
music, dramatics, the arts, and related fields are made in order	22837
to foster public interest and education therein;	22838

(b) For other charitable, educational, or public purposes.

22839

(2) It is made available under the direction or control of	22840
such institution, the state, or political subdivision for use in	22841
furtherance of or incidental to its charitable, educational, or	22842
public purposes and not with the view to profit.	22843

(3) It is used by an organization described in division (D)	22844
of section 5709.12 of the Revised Code. If the organization is a	22845
corporation that receives a grant under the Thomas Alva Edison	22846
grant program authorized by division (C) of section 122.33 of the	22847
Revised Code at any time during the tax year, "used," for the	22848
purposes of this division, includes holding property for lease or	22849
resale to others.	22850

(B)(1) Property described in division (A)(1)(a) of this	22851
section shall continue to be considered as used exclusively for	22852
charitable or public purposes even if the property is conveyed	22853
through one conveyance or a series of conveyances to an entity	22854
that is not a charitable or educational institution and is not the	22855
state or a political subdivision, provided that all of the	22856
following conditions apply with respect to that property:	22857

(a) The property has been listed as exempt on the county	22858
auditor's tax list and duplicate for the county in which it is	22859
located for the ten tax years immediately preceding the year in	22860
which the property is conveyed through one conveyance or a series	22861
of conveyances;	22862

(b) The owner to which the property is conveyed through one	22863
conveyance or a series of conveyances leases the property through	22864
one lease or a series of leases to the entity that owned or	22865
occupied the property for the ten tax years immediately preceding	22866
the year in which the property is conveyed or an affiliate of such	22867
prior owner or occupant;	22868

(c) The property includes improvements that are at least	22869
fifty years old;	22870

(d) The property is being renovated in connection with a	22871
claim for historic preservation tax credits available under	22872
federal law;	22873

(e) The property continues to be used for the purposes	22874
described in division (A)(1)(a) of this section after its	22875
conveyance; and	22876

(f) The property is certified by the United States secretary	22877
of the interior as a "certified historic structure" or certified	22878
as part of a certified historic structure.	22879

(2) Notwithstanding section 5715.27 of the Revised Code, an	22880
application for exemption from taxation of property described in	22881
division (B)(1) of this section may be filed by either the owner	22882
of the property or its occupant.	22883

(C) For purposes of this section, an institution is a	22884
charitable institution if the institution is a nonprofit	22885
corporation or association, no part of the net earnings of which	22886
inures to the benefit of any private shareholder or individual, is	22887
exempt from federal income taxation under section 501(a) of the	22888
Internal Revenue Code, the majority of the institution's board of	22889
directors are appointed by the mayor or legislative authority of a	22890
municipal corporation or a board of county commissioners, or a	22891
combination thereof, and the primary purpose of the institution is	22892
to assist in the development and revitalization of downtown urban	22893
areas.	22894

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	22895
Revised Code:	22896

(A) "Tax certificate," "certificate," or "duplicate	22897
certificate" means a document that may be issued as a physical	22898
certificate, in book-entry form, or through an electronic medium,	22899
at the discretion of the county treasurer. Such document shall	22900
contain the information required by section 5721.31 of the Revised	22901
Code and shall be prepared, transferred, or redeemed in the manner	22902
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	22903
used in those sections, "tax certificate," "certificate," and	22904
"duplicate certificate" do not refer to the delinquent land tax	22905
certificate or the delinquent vacant land tax certificate issued	22906
under section 5721.13 of the Revised Code.	22907

(B) "Certificate parcel" means the parcel of delinquent land	22908
that is the subject of and is described in a tax certificate.	22909

(C) "Certificate holder" means a person who purchases a tax	22910
certificate under section 5721.32, 5721.33, or 5721.42 of the	22911
Revised Code, or a person to whom a tax certificate has been	22912
transferred pursuant to section 5721.36 of the Revised Code.	22913

(D) "Certificate purchase price" means, with respect to the	22914
sale of tax certificates under sections 5721.32, 5721.33, and	22915
5721.42 of the Revised Code, the amount equal to delinquent taxes,	22916
~~assessments, penalties, and interest computed under section~~	22917
~~323.121 of the Revised Code~~ charged against a certificate parcel	22918
at the time the tax certificate respecting that parcel is sold,	22919
not including any delinquent taxes~~, assessments, penalties,~~	22920
~~interest, and charges,~~ the lien for which has been conveyed to a	22921
certificate holder through a prior sale of a tax certificate	22922
respecting that parcel~~; provided, however, that payment~~. Payment	22923
of the certificate purchase price in a sale under section 5721.33	22924
of the Revised Code may be made wholly in cash or partially in	22925
cash and partially by noncash consideration acceptable to the	22926
county treasurer from the purchaser. In the event that any such	22927
noncash consideration is delivered to pay a portion of the	22928
certificate purchase price, such noncash consideration may be	22929
subordinate to the rights of the holders of other obligations	22930
whose proceeds paid the cash portion of the certificate purchase	22931
price.	22932

"Certificate purchase price" also includes the amount of the	22933
fee charged by the county treasurer to the purchaser of the	22934
certificate under division (H) of section 5721.32 of the Revised	22935
Code.	22936

(E)(1) With respect to a sale of tax certificates under	22937
section 5721.32 of the Revised Code, and except as provided in	22938
division (E)(2) of this section, ~~both of the following apply:~~	22939

~~(1) "Certificate~~"certificate redemption price" means the	22940
certificate purchase price plus the greater of the following:	22941

(a) ~~Interest~~Simple interest, at the certificate rate of	22942
interest, accruing during the certificate interest period on the	22943
certificate purchase price, calculated in accordance with section	22944
5721.41 of the Revised Code;	22945

(b) Six per cent of the certificate purchase price.

22946

(2) If the certificate rate of interest equals zero, the	22947
certificate redemption price equals the certificate purchase price	22948
plus the fee charged by the county treasurer to the purchaser of	22949
the certificate under division (H) of section 5721.32 of the	22950
Revised Code.	22951

(F) With respect to a sale of tax certificates under section	22952
5721.33 of the Revised Code, "certificate redemption price" means	22953
the amount equal to the sum of the following:	22954

(1) The certificate purchase price;

22955

(2) Interest accrued on the certificate purchase price at the	22956
certificate rate of interest from the date on which a tax	22957
certificate is delivered through and including the day immediately	22958
preceding the day on which the certificate redemption price is	22959
paid;	22960

(3) The fee, if any, charged by the county treasurer to the	22961
purchaser of the certificate under division (J) of section 5721.33	22962
of the Revised Code;	22963

(4) Any other fees charged by any county office in connection	22964
with the recording of tax certificates.	22965

(G) "Certificate rate of interest" means the rate of simple	22966
interest per year bid by the winning bidder in an auction of a tax	22967
certificate held under section 5721.32 of the Revised Code, or the	22968
rate of simple interest per year not to exceed eighteen per cent	22969
per year fixed pursuant to section 5721.42 of the Revised Code or	22970
by the county treasurer with respect to any tax certificate sold	22971
pursuant to a negotiated sale under section 5721.33 of the Revised	22972
Code. The certificate rate of interest shall not be less than zero	22973
per cent per year.	22974

(H) "Cash" means United States currency, certified checks,	22975
money orders, bank drafts, or electronic transfer of funds, or	22976
other forms of payment authorized by the county treasurer, and	22977
excludes any other form of payment not so authorized.	22978

(I) "The date on which a tax certificate is sold," "the date	22979
the certificate was sold," "the date the certificate is	22980
purchased," and any other phrase of similar content mean, with	22981
respect to a sale pursuant to an auction under section 5721.32 of	22982
the Revised Code, the date designated by the county treasurer for	22983
the submission of bids and, with respect to a negotiated sale	22984
under section 5721.33 of the Revised Code, the date of delivery of	22985
the tax certificates to the purchasers thereof pursuant to a tax	22986
certificate sale/purchase agreement.	22987

(J) ~~"Purchaser of a tax certificate pursuant to section~~	22988
~~5721.32 of the Revised Code" means the winning bidder in an~~	22989
~~auction of a tax certificate held under section 5721.32 of the~~	22990
~~Revised Code.~~	22991

~~(K)~~ "Certificate interest period" means, with respect to a	22992
tax certificate sold under section 5721.32 or 5721.42 of the	22993
Revised Code and for the purpose of accruing interest under	22994
section 5721.41 of the Revised Code, the period beginning on the	22995
date on which the certificate is purchased and, with respect to a	22996
tax certificate sold under section 5721.33 of the Revised Code,	22997
the period beginning on the date of delivery of the tax	22998
certificate, and in either case ending on one of the following	22999
dates:	23000

(1) ~~In the case of foreclosure proceedings instituted under~~	23001
~~section 5721.37 of the Revised Code, the date the certificate~~	23002
~~holder submits a payment to the treasurer under division (B) of~~	23003
~~that section~~The date the certificate holder files a request for	23004
foreclosure or notice of intent to foreclose under division (A)	23005
of section 5721.37 of the Revised Code and submits the payment	23006
required under division (B) of that section;	23007

(2) ~~In the case of a certificate parcel redeemed under~~	23008
~~division (A) or (C) of section 5721.38 of the Revised Code, the~~	23009
The date the owner of record of the certificate parcel, or any	23010
other person entitled to redeem that parcel, ~~pays to the county~~	23011
~~treasurer or to the certificate holder, as applicable, the full~~	23012
~~amount determined under that section~~redeems the certificate	23013
parcel under division (A) or (C) of section 5721.38 of the Revised	23014
Code or redeems the certificate under section 5721.381 of the	23015
Revised Code.	23016

~~(L) "County treasurer" means, with respect to the sale of tax~~	23017
~~certificates under section 5721.32, or 5721.33 of the Revised~~	23018
~~Code, the county treasurer of a county having a population of at~~	23019
~~least two hundred thousand according to the then most recent~~	23020
~~federal decennial census.~~	23021

~~(M)~~(K) "Qualified trustee" means a trust company within the	23022
state or a bank having the power of a trust company within the	23023
state with a combined capital stock, surplus, and undivided	23024
profits of at least one hundred million dollars.	23025

~~(N)~~(L) "Tax certificate sale/purchase agreement" means the	23026
purchase and sale agreement described in division (C) of section	23027
5721.33 of the Revised Code setting forth the certificate purchase	23028
price, plus any applicable premium or less any applicable	23029
discount, including, without limitation, the amount to be paid in	23030
cash and the amount and nature of any noncash consideration, the	23031
date of delivery of the tax certificates, and the other terms and	23032
conditions of the sale, including, without limitation, the rate of	23033
interest that the tax certificates shall bear.	23034

~~(O)~~(M) "Noncash consideration" means any form of	23035
consideration other than cash, including, but not limited to,	23036
promissory notes whether subordinate or otherwise.	23037

~~(P)~~(N) "Private attorney" means ~~for purposes of section~~	23038
~~5721.37 of the Revised Code,~~ any attorney licensed to practice law	23039
in this state~~, whether practicing with a firm of attorneys or~~	23040
~~otherwise,~~ whose license has not been revoked ~~or otherwise~~and is	23041
not currently suspended, and who ~~brings~~is retained to bring	23042
foreclosure proceedings pursuant to section 5721.37 of the Revised	23043
Code on behalf of a certificate holder.	23044

~~(Q)~~(O) "Related certificate parcel" means, with respect to a	23045
certificate holder, the certificate parcel with respect to which	23046
the certificate holder has purchased and holds a tax certificate	23047
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	23048
with respect to a tax certificate, the certificate parcel against	23049
which the tax certificate has been sold pursuant to those	23050
sections.	23051

(P) "Delinquent taxes" means delinquent taxes as defined in	23052
section 323.01 of the Revised Code and includes assessments and	23053
charges, and penalties and interest computed under section 323.121	23054
of the Revised Code.	23055

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	23056
delinquent land list compiled under section 5721.011 of the	23057
Revised Code, or a delinquent land list compiled previously under	23058
that section, ~~for a county having a population of at least two~~	23059
~~hundred thousand according to the most recent federal decennial~~	23060
~~census,~~ the county treasurer may select from the list parcels of	23061
delinquent land the lien against which the county treasurer may	23062
attempt to transfer by the sale of tax certificates under sections	23063
5721.30 to 5721.43 of the Revised Code. ~~The county treasurer may~~	23064
~~select only those eligible parcels~~None of the following parcels	23065
may be selected for a tax certificate sale:	23066

(a) A parcel for which the full amount of taxes, assessments,	23067
penalties, interest, and charges have ~~not yet~~ been paid or;	23068

(b) A parcel for which a valid ~~delinquent tax~~ contract under	23069
section 323.122, 323.31, or 5713.20 of the Revised Code is ~~not~~ in	23070
force;	23071

(c) A parcel the owner of which has filed a petition in	23072
bankruptcy, so long as the parcel is property of the bankruptcy	23073
estate. ~~Each certificate shall contain the same information as~~	23074
~~is required to be contained in the delinquent land list. The~~	23075

(2) The county treasurer shall compile a separate list~~, the~~	23076
~~list~~ of parcels selected for tax certificate sales, including the	23077
same information as is required to be included in the delinquent	23078
land list.	23079

Upon compiling the list of parcels selected for tax	23080
certificate sales, the county treasurer may conduct a title search	23081
for any parcel on the list.	23082

(B)(1) Except as otherwise provided in division (B)(3) of	23083
this section, when tax certificates are to be sold under section	23084
5721.32 of the Revised Code with respect to parcels, the county	23085
treasurer shall send written notice by certified ~~or registered~~	23086
mail to either the owner of record or all interested parties	23087
discoverable through a title search, or both, of each parcel on	23088
the list. A notice to an owner shall be sent to the owner's last	23089
known tax-mailing address. The notice shall inform the owner or	23090
interested parties that a tax certificate will be offered for sale	23091
on the parcel, and that the owner or interested parties may incur	23092
additional expenses as a result of the sale.	23093

(2) Except as otherwise provided in division (B)(3) of this	23094
section, when tax certificates are to be sold under section	23095
5721.33 of the Revised Code with respect to parcels, the county	23096
treasurer, at least thirty days prior to the date of sale of such	23097
tax certificates, shall send written notice of the sale by	23098
certified ~~or registered~~ mail~~, or both,~~ to the last known	23099
tax-mailing address of the record owner of the property or parcel	23100
and may send such notice to all parties with an interest in the	23101
property that has been recorded in the property records of the	23102
county pursuant to section 317.08 of the Revised Code. The notice	23103
shall state that a tax certificate will be offered for sale on the	23104
parcel, and that the owner or interested parties may incur	23105
additional expenses as a result of the sale.	23106

(3) The county treasurer is not required to send a notice	23107
under division (B)(1) or (B)(2) of this section if the treasurer	23108
previously has attempted to send such notice to the owner of the	23109
parcel and the notice has been returned by the post office as	23110
undeliverable. The absence of a valid tax-mailing address for the	23111
owner of a parcel does not preclude the county treasurer from	23112
selling a tax certificate for the parcel.	23113

(C) The county treasurer shall advertise the sale of tax	23114
certificates under section 5721.32 of the Revised Code in a	23115
newspaper of general circulation in the county, once a week for	23116
two consecutive weeks. The advertisement shall include the date,	23117
the time, and the place of the public auction, abbreviated legal	23118
descriptions of the parcels, and the names of the owners of record	23119
of the parcels. The advertisement also shall include the	23120
certificate purchase prices of the parcels or the total purchase	23121
price of tax certificates for sale in blocks of tax certificates.	23122

(D) After the county treasurer has compiled the list of	23123
parcels selected for tax certificate sales but before a tax	23124
certificate respecting a parcel is sold, if the owner of record of	23125
the parcel pays to the county treasurer in cash the ~~full amount of~~	23126
~~delinquent taxes, assessments, penalties, interest, and charges~~	23127
~~then due and payable or enters into a valid delinquent tax~~	23128
~~contract under section 323.31 of the Revised Code to pay that~~	23129
~~amount~~delinquent taxes respecting the parcel or otherwise acts so	23130
that any condition in division (A)(1)(a), (b), or (c) of this	23131
section applies to the parcel, the owner of record of the parcel	23132
also shall pay a fee in an amount prescribed by the treasurer to	23133
cover the administrative costs of the treasurer under this	23134
section respecting the parcel ~~and credited~~. The fee shall be	23135
deposited in the county treasury to the credit of the tax	23136
certificate administration fund.	23137

(E) A tax certificate administration fund shall be created in	23138
the county treasury of each county selling tax certificates under	23139
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	23140
administered by the county treasurer, and used solely for the	23141
purposes of sections 5721.30 to 5721.43 of the Revised Code. Any	23142
fee received by the treasurer under sections 5721.30 to 5721.43 of	23143
the Revised Code shall be credited to the fund, except the bidder	23144
registration fee under division (B) of section 5721.32 of the	23145
Revised Code and the county prosecuting attorney's fee under	23146
division (B)(3) of section 5721.37 of the Revised Code.	23147

(F) The county treasurers of more than one county may jointly	23148
conduct a regional sale of tax certificates under section 5721.32	23149
of the Revised Code. A regional sale shall be held at a single	23150
location in one county, where the tax certificates from each of	23151
the participating counties shall be offered for sale at public	23152
auction. Before the regional sale, each county treasurer shall	23153
advertise the sale for the parcels in the treasurer's county as	23154
required by division (C) of this section. At the regional sale,	23155
tax certificates shall be sold on parcels from one county at a	23156
time, with all of the certificates for one county offered for sale	23157
before any certificates for the next county are offered for sale.	23158

(G) The tax commissioner shall prescribe the form of the tax	23159
certificate under this section, and county treasurers shall use	23160
the form so prescribed ~~by the commissioner~~.	23161

Sec. 5721.32. (A) The sale of tax certificates by public	23162
auction may be conducted at any time after completion of the	23163
advertising of the sale under section 5721.31 of the Revised Code,	23164
on the date and at the time and place designated in the	23165
advertisements, and may be continued from time to time as the	23166
county treasurer directs. The county treasurer may offer the tax	23167
certificates for sale in blocks of tax certificates, consisting of	23168
any number of tax certificates as determined by the county	23169
treasurer.	23170

(B)(1) The sale of tax certificates under this section shall	23171
be conducted at a public auction by the county treasurer or a	23172
designee of the county treasurer.	23173

(2) No person shall be permitted to bid without completing a	23174
bidder registration form, in the form prescribed by the tax	23175
commissioner, and without filing the form with the county	23176
treasurer prior to the start of the auction, together with	23177
remittance of a registration fee, in cash, of five hundred	23178
dollars. The bidder registration form shall include a tax	23179
identification number of the registrant. The registration fee is	23180
refundable at the end of bidding on the day of the auction, unless	23181
the registrant is the winning bidder for one or more tax	23182
certificates or one or more blocks of tax certificates, in which	23183
case the fee may be applied toward the deposit required by this	23184
section.	23185

(3) The county treasurer may require a person who wishes to	23186
bid on one or more parcels to submit a letter from a financial	23187
institution stating that the bidder has sufficient funds available	23188
to pay the purchase price of the parcels and a written	23189
authorization for the treasurer to verify such information with	23190
the financial institution. The county treasurer may require	23191
submission of the letter and authorization sufficiently in advance	23192
of the auction to allow for verification. No person who fails to	23193
submit the required letter and authorization, or whose financial	23194
institution fails to provide the requested verification, shall be	23195
permitted to bid.	23196

(C) At the public auction, the county treasurer or the	23197
treasurer's designee or agent shall begin the bidding at eighteen	23198
per cent per year simple interest, and accept lower bids in even	23199
increments of one-fourth of one per cent to the rate of zero per	23200
cent. The county treasurer, designee, or agent shall award the tax	23201
certificate to the person bidding the lowest certificate rate of	23202
interest. The county treasurer shall decide which person is the	23203
winning bidder in the event of a tie for the lowest bid offered,	23204
or if a person contests the lowest bid offered. The county	23205
treasurer's decision is not appealable.	23206

(D)(1) The winning bidder shall pay the county treasurer a	23207
cash deposit of at least ten per cent of the certificate purchase	23208
price not later than the close of business on the day of the sale.	23209
The winning bidder shall pay the balance and the fee required	23210
under division (H) of this section not later than five business	23211
days after the day on which the certificate is sold. IfExcept as	23212
provided under division (D)(2) of this section, if the winning	23213
bidder fails to pay the balance and fee within the prescribed	23214
time, the bidder forfeits the deposit, and the county treasurer	23215
shall retain the tax certificate and may attempt to sell it at any	23216
auction conducted at a later date. ~~The~~	23217

(2) At the request of a winning bidder, the county treasurer	23218
may release the bidder from the bidder's tax certificate purchase	23219
obligation. The county treasurer may retain all or any portion of	23220
the deposit of a bidder granted a release. After granting a	23221
release under this division, the county treasurer may award the	23222
tax certificate to the person that submitted the second lowest bid	23223
at the auction.	23224

(3) The county treasurer shall deposit the ~~forfeited~~ deposit	23225
forfeited or retained under divisions (D)(1) or (2) of this	23226
section in the county treasury to the credit of the tax	23227
certificate administration fund.	23228

(E) Upon receipt of the full payment of the certificate	23229
purchase price from the purchaser, the county treasurer shall	23230
issue the tax certificate and record the tax certificate sale by	23231
~~marking on the tax certificate and~~entering into a tax certificate	23232
register, the certificate purchase price, the certificate rate of	23233
interest, the date the certificate was sold, ~~and~~ the name and	23234
address of the certificate holder, ~~which~~and any other information	23235
the county treasurer considers necessary. The county treasurer may	23236
keep the tax certificate register in a hard-copy format or in an	23237
electronic format. The name and address of the certificate holder	23238
may be, upon receipt of instructions from the purchaser, that of	23239
the secured party of the actual purchaser, or an agent or	23240
custodian for the purchaser or secured party. The county treasurer	23241
also shall transfer the tax certificate to the certificate holder	23242
~~and, upon presentation to the treasurer of instructions signed by~~	23243
~~the certificate purchaser, shall record in the tax certificate~~	23244
~~register the name and address of any secured party of the~~	23245
~~certificate purchaser having a security interest in the tax~~	23246
~~certificate. Upon the transfer of a tax certificate, the~~. The	23247
county treasurer shall apportion the part of the proceeds from the	23248
sale representing taxes, penalties, and interest among the several	23249
taxing districts in the same proportion that the amount of taxes	23250
levied by each district against the certificate parcel in the	23251
preceding tax year bears to the taxes levied by all such districts	23252
against the certificate parcel in the preceding tax year, and	23253
credit the part of the proceeds representing assessments and other	23254
charges to the items of assessments and charges in the order in	23255
which those items became due. Upon ~~completion of the sale of~~	23256
issuing a tax certificate, the delinquent taxes~~, assessments,~~	23257
~~penalties, and interest~~ that make up the certificate purchase	23258
price are transferred, and the superior lien of the state and its	23259
taxing districts for those delinquent taxes~~, assessments,~~	23260
~~penalties, and interest~~ is conveyed intact to the certificate	23261
holder.	23262

(F) If a tax certificate is offered for sale under this	23263
section but is not sold, the county treasurer may strike the	23264
corresponding certificate parcel from the list of parcels selected	23265
for tax certificate sales. The lien for taxes, assessments,	23266
charges, penalties, and interest against a parcel stricken from	23267
the list thereafter may be foreclosed in the manner prescribed by	23268
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	23269
prior to the institution of such proceedings against the parcel,	23270
the county treasurer restores the parcel to the list of parcels	23271
selected for tax certificate sales.	23272

(G) A certificate holder shall not be liable for damages	23273
arising from a violation of sections 3737.87 to 3737.891 or	23274
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	23275
6111. of the Revised Code, or a rule adopted or order, permit,	23276
license, variance, or plan approval issued under any of those	23277
chapters, that is or was committed by another person in connection	23278
with the parcel for which the tax certificate is held.	23279

(H) When selling a tax certificate under this section, the	23280
county treasurer shall charge a fee to the purchaser of the	23281
certificate. The county treasurer shall set the fee at a	23282
reasonable amount that covers the treasurer's costs of	23283
administering the sale of the tax certificate. The county	23284
treasurer shall deposit the fee in the county treasury to the	23285
credit of the tax certificate administration fund.	23286

(I) After selling a tax certificate under this section, the	23287
county treasurer shall send written notice by certified or	23288
~~registered~~ mail to the owner of the certificate parcel at the	23289
owner's last known tax-mailing address. The notice shall inform	23290
the owner that the tax certificate was sold, shall describe the	23291
owner's options to redeem the parcel, including entering into a	23292
redemption payment plan under division (C)(1) of section 5721.38	23293
of the Revised Code, and shall name the certificate holder and its	23294
secured party, if any. However, the county treasurer is not	23295
required to send a notice under this division if the treasurer	23296
previously has attempted to send a notice to the owner of the	23297
parcel at the owner's last known tax-mailing address, and the	23298
postal service has returned the notice as undeliverable.	23299

(J) A tax certificate shall not be sold to the owner of the	23300
certificate parcel.	23301

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	23302
discretion, negotiate the sale of any number of tax certificates	23303
with one or more persons~~, including~~. Terms that may be negotiated	23304
include, without limitation, any of the following:	23305

(1) A premium to be added to or discount to be subtracted	23306
from the certificate purchase price for the tax certificates ~~and~~	23307
~~any~~;	23308

(2) Different time frames under which the certificate holder	23309
may initiate a foreclosure action than are otherwise allowed under	23310
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	23311
years after the date the tax certificate was sold;	23312

(3) The amount to be paid in private attorney's fees related	23313
to tax certificate foreclosures, subject to section 5721.371 of	23314
the Revised Code;	23315

(4) Any other terms of the sale that the county treasurer, in	23316
the treasurer's discretion, determines appropriate or necessary	23317
for the sale.	23318

(B) The sale of tax certificates under this section shall be	23319
governed by the criteria established by the county treasurer	23320
pursuant to division (E) of this section.	23321

(C) The county treasurer may execute a tax certificate	23322
sale/purchase agreement and other necessary agreements with a	23323
designated purchaser or purchasers to complete a negotiated sale	23324
of tax certificates.	23325

(D) The tax certificate may be sold at a premium to or	23326
discount from the certificate purchase price. The county treasurer	23327
may establish as one of the terms of the negotiated sale the	23328
portion of the certificate purchase price, plus any applicable	23329
premium or less any applicable discount, that the purchaser or	23330
purchasers shall pay in cash on the date the tax certificates are	23331
sold and the portion, if any, of the certificate purchase price,	23332
plus any applicable premium or less any applicable discount, that	23333
the purchaser or purchasers shall pay in noncash consideration and	23334
the nature of that consideration.	23335

The county treasurer shall sell such tax certificates at a	23336
certificate purchase price, plus any applicable premium and less	23337
any applicable discount, and at a certificate rate of interest	23338
that, in the treasurer's determination, are in the best interests	23339
of the county.	23340

(E)(1) The county treasurer shall adopt rules governing the	23341
eligibility of persons to purchase tax certificates or to	23342
otherwise participate in a negotiated sale under this section. The	23343
rules may provide for precertification of such persons, including	23344
a requirement for disclosure of income, assets, and any other	23345
financial information the county treasurer determines appropriate.	23346
The rules also may prohibit any person that is delinquent in the	23347
payment of any tax to the county or to the state, or that is in	23348
default in or on any other obligation to the county or to the	23349
state, from purchasing a tax certificate or otherwise	23350
participating in a negotiated sale of tax certificates under this	23351
section. The eligibility information required shall include the	23352
tax identification number of the purchaser and may include the tax	23353
identification number of the participant. The county treasurer,	23354
upon request, shall provide a copy of the rules adopted under this	23355
section.	23356

(2) Any person that intends to purchase a tax certificate in	23357
a negotiated sale shall submit an affidavit to the county	23358
treasurer that establishes compliance with the applicable	23359
eligibility criteria and includes any other information required	23360
by the treasurer. Any person that fails to submit such an	23361
affidavit is ineligible to purchase a tax certificate. Any person	23362
that knowingly submits a false or misleading affidavit shall	23363
forfeit any tax certificate or certificates purchased by the	23364
person at a sale for which the affidavit was submitted, shall be	23365
liable for payment of the full certificate purchase price, plus	23366
any applicable premium and less any applicable discount, of the	23367
tax certificate or certificates, and shall be disqualified from	23368
participating in any tax certificate sale conducted in the county	23369
during the next five years.	23370

(3) A tax certificate shall not be sold to the owner of the	23371
certificate parcel or to any corporation, partnership, or	23372
association in which such owner has an interest. No person that	23373
purchases a tax certificate in a negotiated sale shall assign or	23374
transfer the tax certificate to the owner of the certificate	23375
parcel or to any corporation, partnership, or association in which	23376
the owner has an interest. Any person that knowingly or	23377
negligently transfers or assigns a tax certificate to the owner of	23378
the certificate parcel or to any corporation, partnership, or	23379
association in which such owner has an interest shall be liable	23380
for payment of the full certificate purchase price, plus any	23381
applicable premium and less any applicable discount, and shall not	23382
be entitled to a refund of any amount paid. Such tax certificate	23383
shall be deemed void and the tax lien sold under the tax	23384
certificate shall revert to the county as if no sale of the tax	23385
certificate had occurred.	23386

(F) The purchaser in a negotiated sale under this section	23387
shall deliver the certificate purchase price, plus any applicable	23388
premium and less any applicable discount and including any noncash	23389
consideration, to the county treasurer not later than the close of	23390
business on the date the tax certificates are delivered to the	23391
purchaser. The certificate purchase price, ~~plus any applicable~~	23392
~~premium and~~ less any applicable discount, or portion of the price,	23393
that is paid in cash shall be deposited in the county's general	23394
fund to the credit of the account to which ad valorem real	23395
property taxes are credited and further credited as provided in	23396
division (G) of this section. Any applicable premium that is paid	23397
shall be, at the discretion of the county treasurer, apportioned	23398
to and deposited in any authorized county fund. The purchaser also	23399
shall pay on the date the tax certificates are delivered to the	23400
purchaser the fee, if any, negotiated under division (J) of this	23401
section. If the purchaser fails to pay the certificate purchase	23402
price, plus any applicable premium and less any applicable	23403
discount, and any such fee, within the time periods required by	23404
this section, the county treasurer shall retain the tax	23405
certificate and may attempt to sell it at any auction or	23406
negotiated sale conducted at a later date.	23407

(G) Upon receipt of the full payment from the purchaser of	23408
the certificate purchase price, plus any applicable premium and	23409
less any applicable discount, and the negotiated fee, if any, ~~from~~	23410
~~the purchaser,~~ the county treasurer, or a qualified trustee whom	23411
the treasurer has engaged for such purpose, shall issue the tax	23412
certificate and record the tax certificate sale by ~~marking on each~~	23413
~~of the tax certificates sold or, if issued in book-entry form, on~~	23414
~~the global tax certificate, and marking~~entering into a tax	23415
certificate register, the certificate purchase price, any premium	23416
paid or discount taken, the certificate rate of interest, the date	23417
the certificates were sold, ~~and~~ the name and address of the	23418
certificate holder or, in the case of issuance of the tax	23419
certificates in a book-entry system, the name and address of the	23420
nominee, ~~which~~and any other information the county treasurer	23421
considers necessary. The county treasurer may keep the tax	23422
certificate register in a hard-copy format or an electronic	23423
format. The name and address of the certificate holder or nominee	23424
may be, upon receipt of instructions from the purchaser, that of	23425
the secured party of the actual purchaser, or an agent or	23426
custodian for the purchaser or secured party. The county treasurer	23427
also shall transfer the tax certificates to the certificate holder	23428
~~and, upon presentation to the treasurer of instructions signed by~~	23429
~~the certificate purchaser or purchasers, shall record in the tax~~	23430
~~certificate register the name and address of any secured party of~~	23431
~~the certificate purchaser or purchasers having a security interest~~	23432
~~in the tax certificate. Upon the transfer of the tax certificates,~~	23433
~~the~~. The county treasurer shall apportion the part of the cash	23434
proceeds from the sale representing taxes, penalties, and interest	23435
among the several taxing districts in the same proportion that the	23436
amount of taxes levied by each district against the certificate	23437
parcels in the preceding tax year bears to the taxes levied by all	23438
such districts against the certificate parcels in the preceding	23439
tax year, and credit the part of the proceeds representing	23440
assessments and other charges to the items of assessments and	23441
charges in the order in which those items became due. If the cash	23442
proceeds from the sale are not sufficient to fully satisfy the	23443
items of ~~outstanding delinquent~~ taxes, assessments, penalties,	23444
interest, and charges on the certificate parcels against which tax	23445
certificates were sold, the county treasurer shall credit the cash	23446
proceeds to such items pro rata based upon the proportion that	23447
each item of ~~delinquent~~ taxes, assessments, penalties, interest,	23448
and charges bears to the aggregate of all such items, or by any	23449
other method that the county treasurer, in the treasurer's sole	23450
discretion, determines is equitable. Upon ~~completion of the sale~~	23451
ofissuing the tax certificates, the delinquent taxes,	23452
~~assessments, penalties, and interest~~ that make up the certificate	23453
purchase price are transferred, and the superior lien of the	23454
state and its taxing districts for those delinquent taxes,	23455
~~assessments, penalties, and interest~~ is conveyed intact to the	23456
certificate holder or holders.	23457

(H) If a tax certificate is offered for sale under this	23458
section but is not sold, the county treasurer may strike the	23459
corresponding certificate parcel from the list of parcels selected	23460
for tax certificate sales. The lien for taxes, assessments,	23461
charges, penalties, and interest against a parcel stricken from	23462
the list thereafter may be foreclosed in the manner prescribed by	23463
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	23464
prior to the institution of such proceedings against the parcel,	23465
the county treasurer restores the parcel to the list of parcels	23466
selected for tax certificate sales.	23467

(I) Neither a certificate holder nor its secured party, if	23468
any, shall be liable for damages arising from a violation of	23469
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	23470
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	23471
or a rule adopted or order, permit, license, variance, or plan	23472
approval issued under any of those chapters, that is or was	23473
committed by another person in connection with the parcel for	23474
which the tax certificate is held.	23475

(J) When selling a tax certificate under this section, the	23476
county treasurer may negotiate with the purchaser of the	23477
certificate for ~~a fee~~fees paid by the purchaser to the county	23478
treasurer to reimburse the treasurer for any part or all of the	23479
treasurer's costs of preparing for and administering the sale of	23480
the tax certificate and any fees set forth by the county treasurer	23481
in the tax certificate sale/purchase agreement. Such ~~fee~~fees, if	23482
any, shall be added to the certificate purchase price ~~of the~~	23483
~~certificate~~ and shall be paid by the purchaser on the date of	23484
delivery of the tax certificate. The county treasurer shall	23485
deposit the ~~fee~~fees in the county treasury to the credit of the	23486
tax certificate administration fund.	23487

(K) After selling tax certificates under this section, the	23488
county treasurer shall send written notice by certified or	23489
~~registered~~ mail to the last known tax-mailing address of the owner	23490
of the certificate parcel. The notice shall inform the owner that	23491
a tax certificate with respect to such owner's parcel was sold and	23492
shall describe the owner's options to redeem the parcel, including	23493
entering into a redemption payment plan under division (C)(2) of	23494
section 5721.38 of the Revised Code. However, the county treasurer	23495
is not required to send a notice under this division if the	23496
treasurer previously has attempted to send a notice to the owner	23497
of the parcel at the owner's last known tax-mailing address and	23498
the postal service has returned the notice as undeliverable.	23499

Sec. 5721.34. (A) A county treasurer shall not sell any tax	23500
certificate respecting a parcel of delinquent land ~~upon which the~~	23501
~~full amount of delinquent taxes, assessments, penalties, interest,~~	23502
~~charges, and costs then due and payable have been paid, or with~~	23503
~~respect~~ to which ~~a valid delinquent tax contract under~~any of	23504
divisions (A)(1)(a) to (c) of section ~~323.31~~5721.31 of the	23505
Revised Code ~~to pay that amount has been entered into, prior to~~	23506
~~the sale of the certificate by the county treasurer~~apply. A	23507
certificate sold in violation of this section is void.	23508

(B) If the county treasurer discovers or determines that ~~the~~	23509
a certificate is void ~~under division (A) of this section~~for any	23510
reason, the holder of the void certificate is entitled to a refund	23511
of the certificate purchase price, plus any applicable premium and	23512
less any applicable discount, and the fee charged by the treasurer	23513
under division (H) of section 5721.32 or division (J) of section	23514
5721.33 of the Revised Code, if any, as applicable. If the county	23515
treasurer makes the discovery or determination more than ~~sixty~~	23516
ninety days after the certificate's date of sale, the holder also	23517
is entitled to interest on the certificate purchase price at the	23518
rate of five per cent per year. The interest shall be calculated	23519
from the first day of the month following the month in which the	23520
certificate was sold, to the first day of the month in which the	23521
county treasurer makes the discovery or determination. The county	23522
treasurer shall notify the certificate holder by ordinary first	23523
class or certified mail or by binary means that the certificate is	23524
void and shall issue the refund. The county auditor shall issue a	23525
warrant for the portion of the refund from the undivided tax fund,	23526
which portion consists of the certificate purchase price, plus	23527
any applicable premium and less any applicable discount; the	23528
portion of the refund consisting of interest and the treasurer's	23529
fee, if any, shall be paid from the tax certificate administration	23530
fund.	23531

(C) With respect to a tax certificate ~~sold under section~~	23532
~~5721.32 of the Revised Code and~~ found to be void under division	23533
(A) or (B) of this section, ~~in addition to the remedies available~~	23534
~~under division (B) of this section,~~ the county treasurer may, with	23535
the approval of the certificate holder, substitute for such tax	23536
certificate ~~or portion thereof~~ another tax certificate that has a	23537
~~value~~certificate purchase price equivalent to the ~~value~~	23538
certificate purchase price of the tax certificate found to be	23539
void. In addition, the substitute tax certificate shall be for a	23540
parcel concerning which the county treasurer has taken action	23541
under divisions (A), (B), and (C) of section 5721.31 of the	23542
Revised Code, but with respect to which a tax certificate has not	23543
been sold, and that has a true value, as determined by the county	23544
auditor, that is equivalent to the true value of the parcel for	23545
which the tax certificate has been found to be void. Whenever a	23546
tax certificate ~~of equivalent value~~ is to be substituted for a tax	23547
certificate that has been found to be void, the county treasurer	23548
shall provide ~~written~~ notice of the intention to substitute a tax	23549
certificate ~~of equivalent value~~ to any person required to be	23550
notified under division (I) of section 5721.32 or division (K) of	23551
section 5721.33 of the Revised Code.	23552

(D) If an application for the exemption from and remission of	23553
taxes made under section 3735.67 or 5715.27 of the Revised Code,	23554
or under any other section of the Revised Code under the	23555
jurisdiction of the director of environmental protection, is	23556
granted for a parcel for which a tax certificate has been sold,	23557
the county treasurer shall refund to the certificate holder, in	23558
the manner provided in this section, the amount of any taxes	23559
exempted or remitted that were included in the certificate	23560
purchase price. If the whole amount of the taxes included in the	23561
certificate purchase price are exempted or remitted, the tax	23562
certificate is void. If all of the taxes that were included in the	23563
certificate purchase price are not exempted or remitted, the	23564
county treasurer shall adjust the tax certificate register to	23565
reflect the remaining amount of taxes that were not exempted or	23566
remitted, and notify the certificate holder of the adjustment in	23567
writing.	23568

Sec. 5721.35. (A) Upon the sale and delivery of a tax	23569
certificate, the tax certificate vests in the certificate holder	23570
the first lien previously held by the state and its taxing	23571
districts under section 5721.10 of the Revised Code for the amount	23572
of taxes, assessments, interest, and penalty charged against a	23573
certificate parcel, superior to all other liens and encumbrances	23574
upon the parcel described in the tax certificate, in the amount of	23575
the certificate redemption price, except liens for delinquent	23576
taxes~~, assessments, penalties, interest, charges, and costs~~ that	23577
attached to the certificate parcel prior to the attachment of the	23578
lien being conveyed by the sale of such tax certificate. With	23579
respect to the priority as among such first liens of the state and	23580
its taxing districts for different years, the priority shall be	23581
determined by the date such first liens of the state and its	23582
taxing districts attached pursuant to section 323.11 of the	23583
Revised Code, with first priority to the earliest attached lien	23584
and each immediately subsequent priority based upon the next	23585
earliest attached lien.	23586

(B)(1) A certificate holder or the county treasurer may	23587
record the tax certificate or memorandum thereof in the office of	23588
the county recorder of the county in which the certificate parcel	23589
is situated, as a mortgage of land under division (A)(2) of	23590
section 317.08 of the Revised Code. The county recorder shall	23591
index the certificate in the indexes provided for under section	23592
317.18 of the Revised Code. If the lien is subsequently canceled,	23593
the cancellation also shall be recorded by the county recorder.	23594

(2) Notwithstanding Chapter 1309., Title LIII, or any other	23595
provision of the Revised Code, a secured party holding a security	23596
interest in a tax certificate or memorandum thereof may perfect	23597
that security interest only by one of the following methods:	23598

(a) Possession;

23599

(b) Registering the tax certificate with the county treasurer	23600
in the name of the secured party, or its agent or custodian, as	23601
certificate holder;	23602

(c) Recording the name of the secured party in the tax	23603
certificate register in the office of the county treasurer of the	23604
county in which the certificate parcel is situated.	23605

Sec. 5721.36. (A)(1) Except as otherwise provided in	23606
division (A)(2) of this section, the purchaser of a tax	23607
certificate sold as part of a block sale pursuant to section	23608
5721.32 of the Revised Code may transfer the certificate to any	23609
person, and any other purchaser of a tax certificate pursuant to	23610
section 5721.32 or 5721.33 of the Revised Code may transfer the	23611
certificate to any person, except the owner of the certificate	23612
parcel or any corporation, partnership, or association in which	23613
such owner has an interest. The transferee of a tax certificate	23614
subsequently may transfer the certificate to any other person to	23615
whom the purchaser could have transferred the certificate. The	23616
transferor of a tax certificate shall endorse the certificate and	23617
shall swear to the endorsement before a notary public or other	23618
officer empowered to administer oaths. The transferee shall	23619
present the endorsed certificate and a notarized copy of a valid	23620
form of identification showing the transferee's taxpayer	23621
identification number to the county treasurer of the county where	23622
the certificate is registered, who shall, upon payment of a fee of	23623
twenty dollars to cover the costs associated with the transfer of	23624
a tax certificate, enter upon the register of certificate holders	23625
opposite the certificate entry the name and address of the	23626
transferee, the date of entry, and, upon presentation to the	23627
treasurer of instructions signed by the transferee, the name and	23628
address of any secured party of the transferee having an interest	23629
in the tax certificate. The treasurer shall deposit the fee in the	23630
county treasury to the credit of the tax certificate	23631
administration fund.	23632

Except as otherwise provided in division (A)(2) of this	23633
section, no request for foreclosure or notice of intent to	23634
foreclose, as the case may be, shall be filed by any person other	23635
than the person shown on the tax certificate register to be the	23636
certificate holder or a private attorney for that person properly	23637
authorized to act in that person's behalf.	23638

(2) Upon registration of a security interest with the county	23639
treasurer ~~as provided in section 5721.32 or 5721.33 of the Revised~~	23640
~~Code~~, both of the following apply:	23641

(a) No purchaser or transferee of a tax certificate may	23642
transfer that tax certificate except upon presentation to the	23643
treasurer of instructions signed by the secured party authorizing	23644
such action.	23645

(b) Only the secured party may issue a request for	23646
foreclosure or notice of intent to foreclose concerning that tax	23647
certificate.	23648

(B)(1) Application may be made to the county treasurer for a	23649
duplicate certificate if a certificate is alleged by affidavit to	23650
have been lost or destroyed. The treasurer shall issue a duplicate	23651
certificate, upon payment of a fee of twenty dollars to cover the	23652
costs of issuing the duplicate certificate. The treasurer shall	23653
deposit the fee in the county treasury to the credit of the tax	23654
certificate administration fund.	23655

(2) The duplicate certificate shall be plainly marked or	23656
stamped "duplicate."	23657

(3) The treasurer shall enter the fact of the duplicate in	23658
the tax certificate register ~~of certificate holders~~.	23659

Sec. 5721.37. (A)(1) With respect to a tax certificate	23660
purchased under section 5721.32 of the Revised Code, or under	23661
section 5721.42 of the Revised Code ~~in counties to which~~by the	23662
holder of a certificate issued under section 5721.32 of the	23663
Revised Code ~~applies~~, at any time after one year from the date	23664
shown on the tax certificate as the date the tax certificate was	23665
sold, and not later than three years after that date, the	23666
certificate holder may file with the county treasurer a request	23667
for foreclosure, or a private attorney on behalf of the	23668
certificate holder may file with the county treasurer a notice of	23669
intent to foreclose, on a form prescribed by the tax commissioner	23670
~~and provided by the county treasurer~~, provided the certificate	23671
parcel has not ~~yet~~ been redeemed under division (A) or (C) of	23672
section 5721.38 of the Revised Code and at least one certificate	23673
respecting the certificate parcel, held by the certificate holder	23674
filing the request for foreclosure or notice of intent to	23675
foreclose and eligible to be enforced through a foreclosure	23676
proceeding, has not been voided under section 5721.381 of the	23677
Revised Code.	23678

(2) With respect to a tax certificate purchased under section	23679
5721.33 of the Revised Code, or under section 5721.42 of the	23680
Revised Code ~~in counties to which~~by the holder of a certificate	23681
issued under section 5721.33 of the Revised Code ~~applies~~, at any	23682
time after one year from the date shown on the tax certificate as	23683
the date the tax certificate was sold, and not later than six	23684
years after that date or any extension of that date pursuant to	23685
division (C)(2) of section 5721.38 of the Revised Code, or not	23686
earlier or later than the dates negotiated by the county treasurer	23687
and specified in the tax certificate sale/purchase agreement, the	23688
certificate holder may file with the county treasurer a request	23689
for foreclosure, or a private attorney on behalf of the	23690
certificate holder may file with the county treasurer a notice of	23691
intent to foreclose, on a form prescribed by the tax commissioner	23692
~~and provided by the county treasurer~~, provided the parcel has not	23693
~~yet~~ been redeemed under division (A) or (C) of section 5721.38 of	23694
the Revised Code and at least one certificate respecting the	23695
certificate parcel, held by the certificate holder filing the	23696
request for foreclosure or notice of intent to foreclose and	23697
eligible to be enforced through a foreclosure proceeding, has not	23698
been voided under section 5721.381 of the Revised Code.	23699

(3)(a) With respect to a tax certificate purchased under	23700
section 5721.32 of the Revised Code, or under section 5721.42 of	23701
the Revised Code ~~in counties to which~~by the holder of a	23702
certificate issued under section 5721.32 of the Revised Code	23703
~~applies~~, if, before the expiration of three years after the date a	23704
tax certificate was sold, the owner of the property for which the	23705
certificate was sold files a petition in bankruptcy, the county	23706
treasurer, upon being notified of the filing of the petition,	23707
shall notify the certificate holder by ordinary first-class or	23708
certified mail or by binary means of the filing of the petition.	23709
~~If the owner of the property files a petition in bankruptcy, the~~	23710
It is the obligation of the certificate holder to file a proof of	23711
claim with the bankruptcy court to protect the holder's interest	23712
in the certificate parcel. The last day on which the certificate	23713
holder may file a request for foreclosure or the private	23714
attorney may file a notice of intent to foreclose is the later	23715
of three years after the date the certificate was sold or one	23716
hundred eighty days after the ~~bankruptcy case is closed~~	23717
certificate parcel is no longer property of the bankruptcy	23718
estate; however, the three-year period ~~being~~ measured from the	23719
date ~~that~~ the certificate was sold is tolled while the ~~owner of~~	23720
~~the property's petition in bankruptcy is being heard and~~property	23721
owner's bankruptcy case remains open.	23722

(b) With respect to a tax certificate purchased under section	23723
5721.33 of the Revised Code, or under section 5721.42 of the	23724
Revised Code ~~in counties to which~~by the holder of a certificate	23725
issued under section 5721.33 of the Revised Code ~~applies~~, if,	23726
before ~~the expiration of~~ six years after the date a tax	23727
certificate was sold or before the date negotiated by the county	23728
treasurer, the owner of the property files a petition in	23729
bankruptcy, the county treasurer, upon being notified of the	23730
filing of the petition, shall notify the certificate holder by	23731
ordinary first-class or certified mail or by binary means of the	23732
filing of the petition. ~~If the owner of the property files a~~	23733
~~petition in bankruptcy, the~~It is the obligation of the	23734
certificate holder to file a proof of claim with the bankruptcy	23735
court to protect the holder's interest in the certificate parcel.	23736
The last day on which the certificate holder may file a notice of	23737
intent to foreclose is the later of six years after the date ~~that~~	23738
the tax certificate was sold or the date negotiated by the county	23739
treasurer, or one hundred eighty days after the ~~bankruptcy case~~	23740
~~is closed~~certificate parcel is no longer property of the	23741
bankruptcy estate; however, the six-year or negotiated period	23742
being measured after the date ~~that~~ the certificate was sold is	23743
tolled while the ~~owner of the property's petition in bankruptcy~~	23744
~~is being heard and~~property owner's bankruptcy case remains open.	23745

(c) Interest at the certificate rate of interest continues to	23746
accrue during any extension of time required by division (A)(3)(a)	23747
or (b) of this section unless otherwise provided under Title 11 of	23748
the United States Code.	23749

(4) If, before the expiration of three years from the date a	23750
tax certificate was sold, the owner of property for which the	23751
certificate was sold applies for an exemption under section	23752
3735.67 or 5715.27 of the Revised Code or under any other section	23753
of the Revised Code under the jurisdiction of the director of	23754
environmental protection, the county treasurer shall notify the	23755
certificate holder by ordinary first-class or certified mail or by	23756
binary means of the filing of the application. Once a	23757
determination has been made on the exemption application, the	23758
county treasurer shall notify the certificate holder of the	23759
determination by ordinary first-class or certified mail or by	23760
binary means. The last day on which the certificate holder may	23761
file a request for foreclosure shall be the later of three years	23762
from the date the certificate was sold or forty-five days after	23763
notice of the determination was ~~mailed~~provided.	23764

(B) ~~Along with~~When a request for foreclosure or a notice of	23765
intent to foreclose is filed under division (A)(1) or (2) of this	23766
section~~, or a notice of intent to foreclose filed under division~~	23767
~~(A)(2) of this section and prior to the transfer of title in~~	23768
~~connection with foreclosure proceedings filed under division (F)~~	23769
~~of this section~~, the certificate holder shall submit a payment	23770
to the county treasurer equal to the sum of the following:	23771

(1) The certificate redemption prices of all outstanding tax	23772
certificates that have been sold on the parcel, other than tax	23773
certificates held by the person requesting foreclosure;	23774

(2) Any ~~delinquent~~ taxes, assessments, penalties, interest,	23775
and charges ~~that are~~appearing on the tax duplicate charged	23776
against the certificate parcel that is the subject of the	23777
foreclosure proceedings and that are not covered by a tax	23778
certificate;	23779

(3) If the foreclosure proceedings are filed by the county	23780
prosecuting attorney pursuant to section 323.25, 5721.14, or	23781
5721.18 of the Revised Code, a fee in the amount prescribed by the	23782
county prosecuting attorney to cover the prosecuting attorney's	23783
legal costs incurred in the foreclosure proceeding;	23784

~~(4) If the foreclosure proceedings are filed by a private~~	23785
~~attorney on behalf of the certificate holder pursuant to division~~	23786
~~(F) of this section, any other prior liens~~.	23787

(C)(1) With respect to a certificate purchased under section	23788
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	23789
certificate parcel has not been redeemed and at least one	23790
certificate respecting the certificate parcel, held by the	23791
certificate holder filing the request for foreclosure and	23792
eligible to be enforced through a foreclosure proceeding, has not	23793
been voided under section 5721.381 of the Revised Code, the	23794
county treasurer, within five days after receiving a foreclosure	23795
request and the payment required under division (B) of this	23796
section, shall ~~inform~~certify notice to that effect to the county	23797
prosecuting attorney ~~that the parcel has not been redeemed~~ and	23798
shall provide a copy of the foreclosure request. The county	23799
treasurer also shall send notice by ordinary first class or	23800
certified mail to all certificate holders other than the	23801
certificate holder requesting foreclosure that foreclosure has	23802
been requested by a certificate holder and that payment for the	23803
tax certificates ~~for the certificate parcel may be redeemed~~is	23804
forthcoming. Within ninety days of receiving the copy of the	23805
foreclosure request, the prosecuting attorney shall commence a	23806
foreclosure proceeding in the name of the county treasurer in the	23807
manner provided under section 323.25, 5721.14, or 5721.18 of the	23808
Revised Code, to ~~foreclose~~enforce the lien vested in the	23809
certificate holder by the certificate. The prosecuting attorney	23810
shall attach to the complaint the foreclosure request and the	23811
county treasurer's written certification ~~that the parcel has not~~	23812
~~been redeemed~~.	23813

(2) With respect to a certificate purchased under section	23814
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	23815
certificate parcel has not been redeemed ~~and~~, at least one	23816
certificate respecting the certificate parcel, held by the	23817
certificate holder filing the notice of intent to foreclose and	23818
eligible to be enforced through a foreclosure proceeding, has not	23819
been voided under section 5721.381 of the Revised Code, a notice	23820
of intent to foreclose has been filed, and the payment required	23821
under division (B) of this section has been made, the county	23822
treasurer shall ~~provide certification~~certify notice to that	23823
effect to the private attorney ~~that the parcel has not been~~	23824
~~redeemed~~. The county treasurer also shall send notice by ordinary	23825
first class or certified mail or by binary means to all	23826
certificate holders other than the certificate holder represented	23827
by the attorney that a notice of intent to foreclose has been	23828
filed and that payment for the tax certificates ~~for the~~	23829
~~certificate parcel may be redeemed~~is forthcoming. After receipt	23830
of ~~that~~the treasurer's certification and not later than one	23831
hundred twenty days after the filing of the intent to foreclose	23832
or the number of days specified under the terms of a negotiated	23833
sale under section 5721.33 of the Revised Code, the private	23834
attorney ~~may~~shall commence a foreclosure proceeding in the name	23835
of the certificate holder in the manner provided under division	23836
(F) of this section, to ~~foreclose~~enforce the lien vested in the	23837
certificate holder by the certificate. The private attorney shall	23838
attach to the complaint the notice of intent to foreclose and the	23839
county treasurer's written certification ~~that the parcel has not~~	23840
~~been redeemed~~.	23841

(D) The county treasurer shall credit the amount received	23842
under division (B)(1) of this section to the tax certificate	23843
redemption fund. The tax certificates respecting the payment shall	23844
be ~~redeemed~~paid as provided in division ~~(E)~~(D) of section 5721.38	23845
of the Revised Code. The amount received under division (B)(2) of	23846
this section shall be distributed to the taxing districts to which	23847
the ~~delinquencies~~delinquent and unpaid amounts are owed. The	23848
county treasurer shall deposit the fee received under division	23849
(B)(3) of this section in the county treasury to the credit of	23850
the delinquent tax and assessment collection fund. ~~The amount~~	23851
~~received under division (B)(4) of this section shall be~~	23852
~~distributed to the holder of the prior lien.~~	23853

(E)(1) If, in the case of a certificate purchased under	23854
section 5721.32 ~~or 5721.42~~ of the Revised Code, or under section	23855
5721.42 of the Revised Code by the holder of a certificate issued	23856
under section 5721.32 of the Revised Code, the certificate holder	23857
does not file with the county treasurer a request for foreclosure	23858
or a notice of intent to foreclose ~~along~~ with the required payment	23859
within three years after the date shown on the tax certificate as	23860
the date the certificate was sold or within the period provided	23861
under division (A)(3)(a) of this section, and during that ~~period~~	23862
time the certificate has not been voided under section 5721.381 of	23863
the Revised Code and the parcel ishas not been redeemed or	23864
foreclosed upon, the certificate holder's lien against the parcel	23865
~~for the certificate redemption price~~ is canceled, and the	23866
certificate is voided.	23867

(2)(a) If, in the case of a certificate purchased under	23868
section 5721.33 of the Revised Code, or under section 5721.42 of	23869
the Revised Code by the holder of a certificate issued under	23870
section 5721.33 of the Revised Code, the certificate holder does	23871
not file with the county treasurer a request for foreclosure or a	23872
notice of intent to foreclose with respect to a certificate parcel	23873
with the required payment within six years after the date shown	23874
on the tax certificate as the date the certificate was sold or	23875
any extension of that date pursuant to division (C)(2) of section	23876
5721.38 of the Revised Code, or within the period provided under	23877
division (A)(3)(b) of this section or as specified under the	23878
terms of a negotiated sale under section 5721.33 of the Revised	23879
Code, and during that ~~period~~time the ~~parcel is not redeemed~~	23880
certificate has not been voided under section 5721.381 of the	23881
Revised Code and the certificate parcel has not been redeemed or	23882
foreclosed upon, the certificate holder's lien against the parcel	23883
~~for the amount of delinquent taxes, assessments, penalties,~~	23884
~~interest, and charges that make up the certificate purchase~~	23885
~~price~~ is canceled and the certificate is voided, subject to	23886
division (E)(2)(b) of this section.	23887

(b) In the case of any tax certificate purchased under	23888
section 5721.33 of the Revised Code prior to October 10, 2000, the	23889
county treasurer, upon application by the certificate holder, may	23890
sell to the certificate holder a new certificate extending the	23891
three-year period prescribed by division (E)(2) of this section,	23892
as that division existed prior to October 10, 2000, to six years	23893
after the date shown on the original certificate as the date it	23894
was sold or any extension of that date. The county treasurer and	23895
the certificate holder shall negotiate the premium, in cash, to be	23896
paid for the new certificate sold under this section. If the	23897
county treasurer and certificate holder do not negotiate a	23898
mutually acceptable premium, the county treasurer and certificate	23899
holder may agree to engage a person experienced in the valuation	23900
of financial assets to appraise a fair premium for the new	23901
certificate. The certificate holder has the option to purchase the	23902
new certificate for the fair premium so appraised. Not less than	23903
one-half of the fee of the person so engaged shall be paid by the	23904
certificate holder requesting the new certificate; the remainder	23905
of the fee shall be paid from the proceeds of the sale of the new	23906
certificate. If the certificate holder does not purchase the new	23907
certificate for the premium so appraised, the certificate holder	23908
shall pay the entire fee. The county treasurer shall credit the	23909
remaining proceeds from the sale to the items of taxes,	23910
assessments, penalties, interest, and charges in the order in	23911
which they became due.	23912

A certificate issued under this division vests in the	23913
certificate holder and its secured party, if any, the same rights,	23914
interests, privileges, and immunities as are vested by the	23915
original certificate under sections 5721.30 to 5721.43 of the	23916
Revised Code, except that interest payable under division (B) of	23917
section 5721.38 or division ~~(B)~~(D)(2) of section 5721.39 of the	23918
Revised Code shall be subject to the amendments to those divisions	23919
by Sub. H.B. 533 of the 123rd general assembly. The certificate	23920
shall be issued in the same form as the form prescribed for the	23921
original certificate issued except for any modifications	23922
necessary, in the county treasurer's discretion, to reflect the	23923
extension under this division of the certificate holder's lien to	23924
six years after the date shown on the original certificate as the	23925
date it was sold or any extension of that date. The certificate	23926
holder may record a certificate issued under division (E)(2)(b) of	23927
this section or memorandum thereof as provided in division (B) of	23928
section 5721.35 of the Revised Code, and the county recorder shall	23929
index the certificate and record any subsequent cancellation of	23930
the lien as provided in that section. The sale of a certificate	23931
extending the lien under division (E)(2)(b) of this section does	23932
not impair the right of redemption of the owner of record of the	23933
certificate parcel or of any other person entitled to redeem the	23934
property.	23935

(3) If the holder of a certificate purchased under section	23936
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	23937
of intent to foreclose to the county treasurer but fails to file a	23938
foreclosure action in a court of competent jurisdiction within the	23939
time specified in division (C)(2) of this section, the liens	23940
represented by all tax certificates respecting the certificate	23941
parcel held by that certificate holder, and for which the deadline	23942
for filing a notice of intent to foreclose has passed, are	23943
canceled and the certificates voided, and the certificate holder	23944
forfeits the payment of the amounts described in division (B)(2)	23945
of this section.	23946

(F) With respect to tax certificates purchased under section	23947
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	23948
delivery to the ~~certificate holder~~private attorney by the county	23949
treasurer of the certification provided for under division (C)(2)	23950
of this section, athe private attorney ~~may~~shall institute a	23951
foreclosure proceeding under this division in the name of the	23952
certificate holder to ~~foreclose such~~enforce the holder's lien, in	23953
any court with jurisdiction, unless the certificate redemption	23954
price is paid prior to the time a complaint is filed. The	23955
attorney shall prosecute the proceeding to final judgment and	23956
satisfaction, whether through sale of the property or the vesting	23957
of title and possession in the certificate holder.	23958

The foreclosure proceedings under this division, except as	23959
otherwise provided in this division, shall be instituted and	23960
prosecuted in the same manner as is provided by law for the	23961
foreclosure of mortgages on land, except that, if service by	23962
publication is necessary, such publication shall be made once a	23963
week for three consecutive weeks and the service shall be complete	23964
at the expiration of three weeks after the date of the first	23965
publication.	23966

Any notice given under this division shall include the name	23967
of the owner of the parcel as last set forth in the records of the	23968
county recorder, the owner's last known mailing address, the	23969
address of the subject parcel if different from that of the owner,	23970
and a complete legal description of the subject parcel. In any	23971
county that has adopted a permanent parcel number system, such	23972
notice may include the permanent parcel number in addition to a	23973
complete legal description.	23974

It is sufficient, having been made a proper party to the	23975
foreclosure proceeding, for the certificate holder to allege in	23976
such holder's complaint that the tax certificate has been duly	23977
purchased by the certificate holder, that the certificate	23978
redemption price ~~appearing to be due and unpaid~~ is due and unpaid,	23979
and that there is a lien against the property described in the tax	23980
certificate, without setting forth in such holder's complaint any	23981
other special matter relating to the foreclosure proceeding. The	23982
~~prayer of the complaint shall be that the court issue an order~~	23983
~~that the property be sold by the sheriff or, if the action is in~~	23984
~~the municipal court, by the bailiff,~~complaint shall pray for an	23985
order directing the sheriff, or the bailiff if the complaint is	23986
filed in municipal court, to offer the property for sale in the	23987
manner provided in section 5721.19 of the Revised Code, unless the	23988
complaint ~~includes an appraisal by an independent appraiser~~	23989
~~acceptable to~~documents that the ~~court~~county auditor has	23990
determined that the true value of the certificate parcel is less	23991
than the certificate purchase price. In that case, the prayer of	23992
the complaint shall berequest that fee simple title to the	23993
property be transferred to and vested in the certificate holder	23994
free and clear of all subordinate liens.	23995

In the foreclosure proceeding, the certificate holder may	23996
join in one action any number of tax certificates relating to the	23997
same owner~~, provided that all parties on each of the tax~~	23998
~~certificates are identical as to name and priority of interest~~.	23999
However, the decree for each tax certificate shall be rendered	24000
separately and any proceeding may be severed, in the discretion of	24001
the court, for the purpose of trial or appeal. ~~The~~Upon	24002
confirmation of sale, the court shall order payment of all costs	24003
related directly or indirectly to ~~the redemption of~~ the tax	24004
certificate, including, without limitation, attorney's fees of the	24005
holder's attorney~~, as is considered proper~~in accordance with	24006
section 5721.371 of the Revised Code. The tax certificate	24007
purchased by the certificate holder is presumptive evidence in all	24008
courts and in all proceedings, including, without limitation, at	24009
the trial of the foreclosure action, of the amount and validity of	24010
the taxes, assessments, charges, penalties by the court and added	24011
to such principal amount, and interest appearing due and unpaid	24012
and of their nonpayment.	24013

(G) ~~For the purposes of this section, "prior liens" means~~	24014
~~liens that are prior in right to the lien with respect to the tax~~	24015
~~certificate that is the subject of the foreclosure proceedings.~~	24016

~~(H)~~ If a parcel is sold under this section, the officer who	24017
conducted the sale shall collect the recording fee from the	24018
purchaser at the time of the sale and, following confirmation of	24019
the sale, shall prepare and record the deed conveying the title to	24020
the parcel to the purchaser.	24021

Sec. 5721.371. Private attorney's fees payable with respect	24022
to an action under sections 5721.30 to 5721.46 of the Revised Code	24023
are subject to the following conditions:	24024

(A) The fees must be reasonable.

24025

(B) Fees exceeding two thousand five hundred dollars shall be	24026
paid only if authorized by a court order.	24027

(C) The terms of a sale negotiated under section 5721.33 of	24028
the Revised Code may include the amount to be paid in private	24029
attorney's fees, subject to division (B) of this section.	24030

Sec. 5721.38. (A) At any time prior to payment to the county	24031
treasurer by the certificate holder to initiate foreclosure	24032
proceedings under division (B) of section 5721.37 of the Revised	24033
Code, the owner of record of the certificate parcel, or any other	24034
person entitled to redeem that parcel, may redeem the parcel by	24035
paying to the county treasurer an amount equal to the total of the	24036
certificate redemption prices of all tax certificates respecting	24037
that parcel.	24038

(B) At any time after payment to the county treasurer by the	24039
certificate holder to initiate foreclosure proceedings under	24040
section 5721.37 of the Revised Code and prior to the filing of the	24041
entry of confirmation of sale of a certificate parcel under	24042
foreclosure proceedings filed by the county prosecuting attorney	24043
or prior to the decree conveying title to the certificate holder	24044
as provided for in division (F) of section 5721.37 of the Revised	24045
Code, the owner of record of the certificate parcel or any other	24046
person entitled to redeem that parcel may redeem the parcel by	24047
paying to the county treasurer the sum of the following amounts:	24048

(1) The amount described in division (A) of this section;

24049

(2) Interest on the certificate purchase price for each tax	24050
certificate sold respecting the parcel at the rate of eighteen per	24051
cent per year for the period beginning on the day on which the	24052
payment was submitted by the certificate holder and ending on the	24053
day the parcel is redeemed under this division~~, except that such~~	24054
~~interest shall not accrue for more than three years after the day~~	24055
~~the certificate was purchased if the certificate holder did not~~	24056
~~submit payment under division (B) of section 5721.37 of the~~	24057
~~Revised Code before the end of that three-year period~~;	24058

(3) An amount equal to the sum of the county prosecuting	24059
attorney's fee under division (B)(3) of section 5721.37 of the	24060
Revised Code ~~if the tax certificate was purchased under section~~	24061
~~5721.32 or 5721.42 of the Revised Code~~plus interest on that	24062
amount at the rate of eighteen per cent per year beginning on the	24063
day on which the payment was submitted by the certificate holder	24064
and ending on the day the parcel is redeemed under this division.	24065
If the parcel is redeemed before the complaint has been filed,	24066
the prosecuting attorney shall adjust the fee to reflect services	24067
performed to the date of redemption, and the county treasurer	24068
shall calculate the interest based on the adjusted fee and refund	24069
any excess fee to the certificate holder.	24070

(4) Reasonable attorney's fees in accordance with section	24071
5721.371 of the Revised Code if the certificate holder retained a	24072
private attorney to foreclose the lien;	24073

(5) Any other costs and fees of the proceeding allocable to	24074
the certificate parcel as determined by the court. ~~Upon~~	24075

The county treasurer may collect the total amount due under	24076
divisions (B)(1) to (5) of this section in the form of guaranteed	24077
funds acceptable to the treasurer. Immediately upon receipt of	24078
such payments, the county treasurer shall ~~refund the payment made~~	24079
byreimburse the certificate holder ~~to initiate~~who initiated	24080
foreclosure proceedings as provided in division (D) of this	24081
section. The county treasurer shall pay the certificate holder	24082
interest at the rate of eighteen per cent per year on amounts	24083
paid under divisions (B)(2) and (3) of section 5721.37 of the	24084
Revised Code, beginning on the day the certificate holder paid	24085
the amounts under those divisions and ending on the day the	24086
parcel is redeemed under this section.	24087

(C)(1) During the period beginning on the date a tax	24088
certificate is sold under section 5721.32 of the Revised Code and	24089
ending one year from that date, the county treasurer may enter	24090
into a redemption payment plan with the owner of record of the	24091
certificate parcel or any other person entitled to redeem that	24092
parcel. The plan shall require the owner or other person to pay	24093
the certificate redemption price for the tax certificate in	24094
installments, with the final installment due no later than one	24095
year after the date the tax certificate is sold. The certificate	24096
holder may at any time, by written notice to the county treasurer,	24097
agree to accept installments collected to the date of notice as	24098
payment in full. Receipt of such notice by the treasurer shall	24099
constitute satisfaction of the payment plan and redemption of the	24100
tax certificate.	24101

(2) During the period beginning on the date a tax certificate	24102
is sold under section 5721.33 of the Revised Code and ending on	24103
the date the decree is rendered on the foreclosure proceeding	24104
under division (F) of section 5721.37 of the Revised Code, the	24105
owner of record of the certificate parcel, or any other person	24106
entitled to redeem that parcel, may enter into a redemption	24107
payment plan with the certificate holder and all secured parties	24108
of the certificate holder. The plan shall require the owner or	24109
other person to pay the certificate redemption price for the tax	24110
certificate, an administrative fee not to exceed one hundred	24111
dollars per year, and the actual fees and costs incurred, in	24112
installments, with the final installment due no later than ~~three~~	24113
six years after the date the tax certificate is sold. The	24114
certificate holder shall give written notice of the plan to the	24115
applicable county treasurer within sixty days after entering into	24116
the plan and written notice of default under the plan within	24117
ninety days after the default. If such a plan is entered into, the	24118
time period for filing a request for foreclosure or a notice of	24119
intent to foreclose under section 5721.37 of the Revised Code is	24120
extended by the length of time the plan is in effect and not in	24121
default.	24122

(D)(1) Immediately upon receipt of full payment under	24123
division (A) or (B) of this section, the county treasurer shall	24124
make an entry to that effect in the tax certificate register,	24125
credit the payment to the tax certificate redemption fund created	24126
in the county treasury, and shall notify ~~each~~the certificate	24127
holder or holders by ordinary first class or certified mail,	24128
~~return receipt requested,~~or by binary means that the parcel has	24129
been redeemed and the lien or liens canceled, and that ~~the tax~~	24130
~~certificates may be redeemed. The county treasurer shall deposit~~	24131
~~into the tax certificate redemption fund created in the county~~	24132
~~treasury an amount equal to the total of the certificate~~	24133
~~redemption prices, together with interest on the certificate~~	24134
~~purchase price for each tax certificate sold respecting the parcel~~	24135
~~at the rate of eighteen per cent per year paid under division (B)~~	24136
~~of this section for the period beginning when the payment was~~	24137
~~submitted by the certificate holder under division (B) of section~~	24138
~~5721.37 of the Revised Code and ending when the parcel was~~	24139
~~redeemed. The~~payment on the certificate or certificates is	24140
forthcoming. The treasurer shall pay the tax certificate holder	24141
or holders promptly.	24142

The county treasurer shall administer the tax certificate	24143
redemption fund for the purpose of redeeming tax certificates.	24144
Interest earned on the fund shall be credited to the county	24145
general fund.	24146

(2) If a redemption payment plan is entered into pursuant to	24147
division (C)(1) of this section, the county treasurer immediately	24148
shall notify each certificate holder by ordinary first class or	24149
certified mail~~, return receipt requested,~~or by binary means of	24150
the terms of the plan. Installment payments made pursuant to the	24151
plan shall be deposited in the tax certificate redemption fund.	24152
Any overpayment of the installments shall be refunded to the	24153
person responsible for causing the overpayment if the person	24154
applies for a refund under this section. If the person responsible	24155
for causing the overpayment fails to apply for a refund under this	24156
section within five years from the date the plan is satisfied, an	24157
amount equal to the overpayment shall be deposited into the	24158
general fund of the county.	24159

Upon satisfaction of the plan, the county treasurer shall	24160
indicate in the tax certificate register that the plan has been	24161
satisfied, and shall notify each certificate holder by ordinary	24162
first class or certified mail~~, return receipt requested,~~or by	24163
binary means that the plan has been satisfied and that ~~tax~~	24164
~~certificates may be redeemed~~payment on the certificate or	24165
certificates is forthcoming. The treasurer shall pay each	24166
certificate holder promptly.	24167

If a redemption payment plan becomes void, the county	24168
treasurer ~~immediately~~ shall notify each certificate holder by	24169
ordinary first class or certified mail~~, return receipt requested~~	24170
or by binary means. If a certificate holder files a request for	24171
foreclosure under section 5721.37 of the Revised Code, upon the	24172
filing of the request for foreclosure, any money paid under the	24173
plan shall be refunded to the person that paid the money under	24174
the plan.	24175

~~(E) To redeem a tax certificate with respect to which payment~~	24176
~~has been made in full under division (A), (B), or (C)(1) of this~~	24177
~~section or division (B)(1) of section 5721.37 of the Revised~~	24178
~~Code, the certificate holder shall present the tax certificate to~~	24179
~~the county treasurer, who shall prepare the redemption~~	24180
~~information. Upon presentation, the county auditor shall draw a~~	24181
~~warrant on the tax certificate redemption fund in the amount of~~	24182
~~the certificate redemption price and any applicable interest~~	24183
~~payable at the rate of eighteen per cent annually on the~~	24184
~~certificate under division (B) of this section. For a parcel that~~	24185
~~was redeemed under division (B) of this section, the certificate~~	24186
~~holder who paid the amounts under division (B) of section 5721.37~~	24187
~~of the Revised Code shall be reimbursed for those amounts,~~	24188
~~together with interest at the rate of eighteen per cent per year~~	24189
~~on the amount paid under division (B)(1) of that section for the~~	24190
~~period beginning when the payment was submitted by the~~	24191
~~certificate holder under division (B) of that section and ending~~	24192
~~when the parcel was redeemed. The treasurer shall mark all copies~~	24193
~~of the tax certificate "redeemed" and return the certificate to~~	24194
~~the certificate holder. The canceled certificate shall serve as~~	24195
~~a receipt evidencing redemption of the tax certificate. If a~~	24196
~~certificate holder fails to redeem a tax certificate within five~~	24197
~~years after notice is served under division (D) of this section~~	24198
~~that tax certificates may be redeemed, an amount equal to the~~	24199
~~certificate redemption price and any applicable interest payable~~	24200
~~at the rate of eighteen per cent annually on the certificate under~~	24201
~~division (B) of this section shall be deposited into the general~~	24202
~~fund of the county.~~	24203

(3) Upon receipt of the payment required under division	24204
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	24205
pay all other certificate holders and indicate in the tax	24206
certificate register that such certificates have been satisfied.	24207

Sec. 5721.381. (A) At any time prior to payment to the county	24208
treasurer by a certificate holder to initiate foreclosure	24209
proceedings under division (B) of section 5721.37 of the Revised	24210
Code, the owner of record of the certificate parcel or any other	24211
person entitled to redeem that parcel may pay the county treasurer	24212
the certificate redemption price for the tax certificate with the	24213
oldest lien against the parcel. Such a payment cancels that lien	24214
and voids the certificate. Upon receipt of the payment, the	24215
county treasurer shall make an entry to that effect in the tax	24216
certificate register, shall deposit the payment to the credit of	24217
the tax certificate redemption fund, and shall notify the	24218
certificate holder by ordinary first class or certified mail or by	24219
binary means that the lien has been canceled and that payment on	24220
the certificate is forthcoming. The treasurer shall pay the	24221
holder of that certificate promptly.	24222

(B) A person who makes a payment to the county treasurer	24223
under division (A) of this section for the tax certificate with	24224
the oldest lien may make additional payments under that division	24225
for other tax certificates related to the parcel, in priority	24226
order based on the earliest date of attachment of the liens.	24227

(C) A property owner or other person shall make, and the	24228
county treasurer shall accept and apply, payments under this	24229
section only in priority order based on the earliest date of	24230
attachment of the liens.	24231

Sec. 5721.39. (A) In its judgment of foreclosure rendered	24232
~~with respect to~~in actions filed pursuant to section 5721.37 of	24233
the Revised Code, the court shall enter a finding that includes	24234
all of the following with respect to the certificate parcel of	24235
~~the~~:	24236

(1) The amount of the sum of the certificate redemption	24237
prices ~~respecting~~for all the tax certificates sold against the	24238
parcel; ~~interest~~	24239

(2) Interest on the certificate purchase prices of ~~those~~all	24240
certificates at the rate of eighteen per cent per year for the	24241
period beginning on the day on which the payment was submitted by	24242
the certificate holder under division (B) of section 5721.37 of	24243
the Revised Code;	24244

(3) The amount paid under division (B)(2) of section	24245
5721.37 of the Revised Code, plus interest at the rate of eighteen	24246
per cent per year for the period beginning on the day the	24247
certificate holder filed a request for foreclosure or a notice of	24248
intent to foreclose under division (A) of that section; ~~any~~	24249

(4) Any delinquent taxes~~, assessments, penalties, interest,~~	24250
~~and charges~~ on the parcel that are not covered by a ~~tax~~	24251
~~certificate~~payment under division (B)(2) of section 5721.37 of	24252
the Revised Code; ~~and fees~~	24253

(5) Fees and costs incurred in the foreclosure proceeding	24254
instituted against the parcel, including, without limitation, the	24255
fees and costs of the prosecuting attorney represented by the fee	24256
paid under division (B)(3) of section 5721.37 of the Revised Code,	24257
plus interest as provided in division (D)(2)(d) of this section,	24258
or the fees and costs of the private attorney representing the	24259
certificate holder, and charges paid or incurred in procuring	24260
title searches and abstracting services relative to the subject	24261
premises. ~~The~~	24262

(B) The court may order the certificate parcel to be sold,	24263
without appraisal and as set forth in the prayer of the complaint,	24264
for not less than the amount of its finding, or, in the event ~~that~~	24265
~~the court finds~~ that the true value of the certificate parcel as	24266
determined by the county auditor is less than the certificate	24267
~~purchase~~redemption price, the court may, as prayed for in the	24268
complaint, issue a decree transferring fee simple title free and	24269
clear of all subordinate liens to the certificate holder. A decree	24270
of the court transferring fee simple title to the certificate	24271
holder is forever a bar to all rights of redemption with respect	24272
to the certificate parcel.	24273

(C) Each certificate parcel shall be advertised and sold by	24274
the officer to whom the order of sale is directed in the manner	24275
provided by law for the sale of real property on execution. The	24276
advertisement for sale of certificate parcels shall be published	24277
once a week for three consecutive weeks and shall include the date	24278
on which a second sale will be conducted if no bid is accepted at	24279
the first sale. Any number of parcels may be included in one	24280
advertisement.	24281

Whenever the officer charged to conduct the sale offers a	24282
certificate parcel for sale and no bids are made equal to at least	24283
the amount of the court's finding, the officer shall adjourn the	24284
sale of the parcel to the second date that was specified in the	24285
advertisement of sale. The second sale shall be held at the same	24286
place and commence at the same time as set forth in the	24287
advertisement of sale. The officer shall offer any parcel not sold	24288
at the first sale. Upon the conclusion of any sale, or if any	24289
parcel remains unsold after being offered at two sales, the	24290
officer conducting the sale shall report the results to the court.	24291

(D) Upon the confirmation of a sale, the proceeds of the sale	24292
shall be applied as follows:	24293

~~(A)~~(1) The fees and costs incurred in the proceeding filed	24294
against the parcel pursuant to section 5721.37 of the Revised Code	24295
~~, not including~~shall be paid first, including attorney's fees of	24296
the certificate holder's attorney payable under division (F) of	24297
that section, or the county prosecutor's costs covered by the fee	24298
paid by the certificate holder under division (B)(3) of that	24299
section~~, shall be paid first~~.	24300

~~(B)~~(2) Following the payment required by division ~~(A)~~(D)(1)	24301
of this section, the certificate holder that ~~requested the~~	24302
~~foreclosure~~filed the notice of intent to foreclose or request for	24303
foreclosure with the county treasurer shall be paid the sum of the	24304
following amounts:	24305

~~(1)~~(a) The sum of the amount found due for the certificate	24306
redemption prices of all the tax certificates~~, other than those~~	24307
~~certificates described in division (B)(1) of section 5721.37 of~~	24308
~~the Revised Code,~~ that are sold against the parcel ~~to the~~	24309
~~certificate holder requesting a notice of foreclosure~~;	24310

~~(2)~~(b) Any premium paid by the certificate holder at the time	24311
of purchase;	24312

~~(3)~~(c) Interest on the amounts paid by the certificate holder	24313
under division (B)(1) of section 5721.37 of the Revised Code at	24314
the rate of eighteen per cent per year beginning on the day on	24315
which the payment was submitted by the certificate holder to the	24316
county treasurer and ending on the day immediately preceding the	24317
day on which the proceeds of the foreclosure sale are paid to the	24318
certificate holder;	24319

~~(4)~~(d) Interest on the amounts paid by the certificate holder	24320
under divisions (B)(2) and (3) of section 5721.37 of the Revised	24321
Code at the rate of eighteen per cent per year beginning on the	24322
day on which the payment was submitted by the certificate holder	24323
under divisions (B)(2) and (3) of that section ~~5721.37 of the~~	24324
~~Revised Code~~ and ending on the day immediately preceding the day	24325
on which the proceeds of the foreclosure sale are paid to the	24326
certificate holder pursuant to this section, except that such	24327
interest shall not accrue for more than three years if the	24328
certificate was sold under section 5721.32 of the Revised Code,	24329
or under section 5721.42 of the Revised Code by the holder of a	24330
certificate issued under section 5721.32 of the Revised Code, or	24331
more than six years if the certificate was sold under section	24332
5721.33 of the Revised Code, or under section 5721.42 of the	24333
Revised Code by the holder of a certificate issued under section	24334
5721.33 of the Revised Code, after the day the amounts were paid	24335
by the certificate holder under divisions (B)(2) and (3) of	24336
section 5721.37 of the Revised Code ~~if the certificate holder did~~	24337
~~not submit that payment before the end of that six-year period~~;	24338

~~(5)~~(e) The amounts paid by the certificate holder under	24339
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	24340
Code.	24341

~~(C)~~(3) Following the payment required by division ~~(B)~~(D)(2)	24342
of this section, any amount due for taxes, assessments, charges,	24343
penalties, and interest not covered by the tax certificate	24344
holder's payment under division (B)(2) of section 5721.37 of the	24345
Revised Code shall be paid, including all taxes, assessments,	24346
charges, penalties, and interest payable subsequent to the entry	24347
of the finding and prior to the transfer of the deed of the parcel	24348
to the purchaser following confirmation of sale. If the proceeds	24349
available for distribution pursuant to this division are	24350
insufficient to pay the entire amount of those taxes, assessments,	24351
charges, penalties, and interest, the proceeds shall be paid to	24352
each claimant in proportion to the amount of those taxes,	24353
assessments, charges, penalties, and interest that each is due,	24354
and those taxes, assessments, charges, penalties, and interest are	24355
deemed satisfied and shall be removed from the tax list and	24356
duplicate.	24357

(4) Any residue of money from proceeds of the sale shall be	24358
disposed of as prescribed by section 5721.20 of the Revised Code.	24359

(E) Unless the parcel previously was redeemed pursuant to	24360
section 5721.25 or 5721.38 of the Revised Code, upon the filing of	24361
the entry of confirmation of sale, the title to the parcel is	24362
incontestable in the purchaser and is free and clear of all liens	24363
and encumbrances, except a federal tax lien, notice of which lien	24364
is properly filed in accordance with section 317.09 of the Revised	24365
Code prior to the date that a foreclosure proceeding is instituted	24366
pursuant to section 5721.37 of the Revised Code, and which lien	24367
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	24368
for the easements and covenants of record running with the land or	24369
lots that were created prior to the time the taxes or assessments,	24370
for the nonpayment of which a tax certificate was issued and the	24371
parcel sold at foreclosure, became due and payable.	24372

The title shall not be invalid because of any irregularity,	24373
informality, or omission of any proceedings under this chapter or	24374
in any processes of taxation, if such irregularity, informality,	24375
or omission does not abrogate the provision for notice to holders	24376
of title, lien, or mortgage to, or other interests in, such	24377
foreclosed parcels, as prescribed in this chapter.	24378

Sec. 5721.40. If any tax certificate parcel is twice offered	24379
for sale pursuant to section 5721.39 of the Revised Code and	24380
remains unsold for want of bidders, the officer who conducted the	24381
sales shall certify to the court that the parcel remains unsold	24382
after two sales. The court, by entry, shall order the parcel	24383
forfeited to the certificate holder who filed the request for	24384
foreclosure or notice of intent to foreclose under section 5721.37	24385
of the Revised Code. The clerk of the court shall certify copies	24386
of the court's order to the county treasurer. The county treasurer	24387
shall notify the certificate holder by ordinary and certified	24388
mail, return receipt requested, that the parcel remains unsold,	24389
and shall instruct the certificate holder of the manner in which	24390
the holder shall obtain the deed to the parcel. The officer who	24391
conducted the sales shall prepare and record the deed conveying	24392
title to the parcel to the certificate holder.	24393

Upon transfer of the deed to the certificate holder under	24394
this section, all right, title, claim, and interest in the	24395
certificate parcel are transferred to and vested in the	24396
certificate holder. The title to the parcel is incontestable in	24397
the certificate holder and is free and clear of all liens and	24398
encumbrances, except the following:	24399

(A) A federal tax lien, notice of which was properly filed in	24400
accordance with section 317.09 of the Revised Code prior to the	24401
date that the foreclosure proceeding was instituted under section	24402
5721.37 of the Revised Code and which was foreclosed in accordance	24403
with 28 U.S.C. 2410(c);	24404

(B) Easements and covenants of record running with the land	24405
that were created prior to the time the taxes or assessments, for	24406
the nonpayment of which a tax certificate was issued, became due	24407
and payable.	24408

Sec. 5721.41. ~~Interest~~All interest required under sections	24409
5721.30 to 5721.43 of the Revised Code is simple interest, to be	24410
calculated on a principal amount and not compounded on earned	24411
interest. The interest charged shall equal one-twelfth of the	24412
annual interest rate multiplied by the principal amount. Interest	24413
charges under those sections shall accrue on a monthly basis, on	24414
the first day of the month following the beginning of the period	24415
during which interest accrues and on the first day of each	24416
subsequent month. Notwithstanding the preceding sentence, the six	24417
per cent charge described in division (E)(1)(b) of section	24418
5721.30 of the Revised Code shall apply even if the tax	24419
certificate is redeemed before the first day of the month	24420
following the date that the certificate is purchased.	24421

Sec. 5721.42. ~~Not less than sixty nor more than ninety days~~	24422
~~following the date set by~~After the settlement required under	24423
division (C) of section ~~323.12 or 323.17~~321.24 of the Revised	24424
Code ~~for the payment of the second installment of current taxes~~,	24425
the county treasurer shall notify the certificate holder of the	24426
most recently issued tax certificate, by ordinary first class or	24427
certified mail or by binary means, that the certificate holder	24428
may ~~pay~~purchase a subsequent tax certificate by paying all	24429
delinquent taxes~~, assessments, penalties, interest, and charges~~ on	24430
the related certificate parcel, the lien against which has not	24431
been transferred by the sale of a tax certificate. During the	24432
thirty days after receiving the notice, the certificate holder	24433
possesses the exclusive right to purchase the subsequent tax	24434
certificate by paying those amounts to the county treasurer. The	24435
amount of the payment shall constitute a separate lien against	24436
the certificate parcel that shall be evidenced by the issuance	24437
by the treasurer to the certificate holder of an additional tax	24438
certificate with respect to the delinquent taxes~~, assessments,~~	24439
~~penalties, interest, and fees~~ so paid on the related certificate	24440
parcel. The amount of the payment as set forth in the tax	24441
certificate shall earn interest at the rate of eighteen per cent	24442
per year.	24443

Sec. 5721.43. (A) NoWithout the prior written consent of the	24444
county treasurer, no person shall directly, through an agent, or	24445
otherwise, initiate contact with the owner of a parcel with	24446
respect to which the person holds a tax certificate to encourage	24447
or demand payment before one year has elapsed following the	24448
purchase of the certificate.	24449

(B) A county treasurer may bar any person who violates	24450
division (A) of this section from bidding at a tax certificate	24451
sale conducted by the treasurer.	24452

(C)(1) The attorney general or county prosecuting attorney,	24453
upon written request of a county treasurer, shall bring an action	24454
for an injunction against any person who has violated, is	24455
violating, or is threatening to violate division (A) of this	24456
section.	24457

(2) Any person who violates division (A) of this section	24458
shall be assessed a civil penalty of not more than five thousand	24459
dollars for each offense to be paid into the state treasury to the	24460
credit of the general revenue fund. Upon written request of a	24461
county treasurer, the attorney general or county prosecuting	24462
attorney shall commence an action against any such violator. Any	24463
action under this division is a civil action, governed by the	24464
Rules of Civil Procedure and other rules of practice and procedure	24465
applicable to civil actions.	24466

Sec. 5727.84. (A) As used in this section and sections	24467
5727.85, 5727.86, and 5727.87 of the Revised Code:	24468

(1) "School district" means a city, local, or exempted	24469
village school district.	24470

(2) "Joint vocational school district" means a joint	24471
vocational school district created under section 3311.16 of the	24472
Revised Code, and includes a cooperative education school district	24473
created under section 3311.52 or 3311.521 of the Revised Code and	24474
a county school financing district created under section 3311.50	24475
of the Revised Code.	24476

(3) "Local taxing unit" means a subdivision or taxing unit,	24477
as defined in section 5705.01 of the Revised Code, a park district	24478
created under Chapter 1545. of the Revised Code, or a township	24479
park district established under section 511.23 of the Revised	24480
Code, but excludes school districts and joint vocational school	24481
districts.	24482

(4) "State education aid," for a school district, means the	24483
sum of state aid amounts computed for the district under	24484
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	24485
3317.022; divisions (B), (C), and (D) of section 3317.023;	24486
divisions (G), (L), and (N) of section 3317.024; and sections	24487
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	24488
3317.053 of the Revised Code; and the adjustments required by:	24489
division (C) of section 3310.08; division (C)(2) of section	24490
3310.41; division (C) of section 3314.08; division (D)(2) of	24491
section 3314.091; division (D) of section 3314.13; divisions (E),	24492
(K), (L), (M), and (N)~~, and (O)~~ of section 3317.023; division	24493
(C) of section 3317.20; and sections 3313.979 and 3313.981 of	24494
the Revised Code. However, when calculating state education aid	24495
for a school district for fiscal years 2008 and 2009, include	24496
the amount computed for the district under Section 269.20.80	24497
of H.B. 119 of the 127th general assembly, as subsequently	24498
amended, instead of division (D) of section 3317.022 of the	24499
Revised Code; include amounts calculated under Section	24500
269.30.80 of this act, as subsequently amended; and account for	24501
adjustments under division (C)(2) of section 3310.41 of the	24502
Revised Code.	24503

(5) "State education aid," for a joint vocational school	24504
district, means the sum of the state aid amounts computed for the	24505
district under division (N) of section 3317.024 and section	24506
3317.16 of the Revised Code. However, when calculating state	24507
education aid for a joint vocational school district for fiscal	24508
years 2008 and 2009, include the amount computed for the district	24509
under Section 269.30.90 of H.B. 119 of the 127th general	24510
assembly, as subsequently amended.	24511

(6) "State education aid offset" means the amount determined	24512
for each school district or joint vocational school district under	24513
division (A)(1) of section 5727.85 of the Revised Code.	24514

(7) "Recognized valuation" has the same meaning as in section	24515
3317.02 of the Revised Code.	24516

(8) "Electric company tax value loss" means the amount	24517
determined under division (D) of this section.	24518

(9) "Natural gas company tax value loss" means the amount	24519
determined under division (E) of this section.	24520

(10) "Tax value loss" means the sum of the electric company	24521
tax value loss and the natural gas company tax value loss.	24522

(11) "Fixed-rate levy" means any tax levied on property other	24523
than a fixed-sum levy.	24524

(12) "Fixed-rate levy loss" means the amount determined under	24525
division (G) of this section.	24526

(13) "Fixed-sum levy" means a tax levied on property at	24527
whatever rate is required to produce a specified amount of tax	24528
money or levied in excess of the ten-mill limitation to pay debt	24529
charges, and includes school district emergency levies imposed	24530
pursuant to section 5705.194 of the Revised Code.	24531

(14) "Fixed-sum levy loss" means the amount determined under	24532
division (H) of this section.	24533

(15) "Consumer price index" means the consumer price index	24534
(all items, all urban consumers) prepared by the bureau of labor	24535
statistics of the United States department of labor.	24536

(B) The kilowatt-hour tax receipts fund is hereby created in	24537
the state treasury and shall consist of money arising from the tax	24538
imposed by section 5727.81 of the Revised Code. All money in the	24539
kilowatt-hour tax receipts fund shall be credited as follows:	24540

(1) Sixty-three per cent shall be credited to the general	24541
revenue fund.	24542

(2) Twenty-five and four-tenths per cent shall be credited to	24543
the school district property tax replacement fund, which is hereby	24544
created in the state treasury for the purpose of making the	24545
payments described in section 5727.85 of the Revised Code.	24546

(3) Eleven and six-tenths per cent shall be credited to the	24547
local government property tax replacement fund, which is hereby	24548
created in the state treasury for the purpose of making the	24549
payments described in section 5727.86 of the Revised Code.	24550

(C) The natural gas tax receipts fund is hereby created in	24551
the state treasury and shall consist of money arising from the tax	24552
imposed by section 5727.811 of the Revised Code. All money in the	24553
fund shall be credited as follows:	24554

(1) Sixty-eight and seven-tenths per cent shall be credited	24555
to the school district property tax replacement fund for the	24556
purpose of making the payments described in section 5727.85 of the	24557
Revised Code.	24558

(2) Thirty-one and three-tenths per cent shall be credited to	24559
the local government property tax replacement fund for the purpose	24560
of making the payments described in section 5727.86 of the Revised	24561
Code.	24562

(D) Not later than January 1, 2002, the tax commissioner	24563
shall determine for each taxing district its electric company tax	24564
value loss, which is the sum of the applicable amounts described	24565
in divisions (D)(1) to (4) of this section:	24566

(1) The difference obtained by subtracting the amount	24567
described in division (D)(1)(b) from the amount described in	24568
division (D)(1)(a) of this section.	24569

(a) The value of electric company and rural electric company	24570
tangible personal property as assessed by the tax commissioner for	24571
tax year 1998 on a preliminary assessment, or an amended	24572
preliminary assessment if issued prior to March 1, 1999, and as	24573
apportioned to the taxing district for tax year 1998;	24574

(b) The value of electric company and rural electric company	24575
tangible personal property as assessed by the tax commissioner for	24576
tax year 1998 had the property been apportioned to the taxing	24577
district for tax year 2001, and assessed at the rates in effect	24578
for tax year 2001.	24579

(2) The difference obtained by subtracting the amount	24580
described in division (D)(2)(b) from the amount described in	24581
division (D)(2)(a) of this section.	24582

(a) The three-year average for tax years 1996, 1997, and 1998	24583
of the assessed value from nuclear fuel materials and assemblies	24584
assessed against a person under Chapter 5711. of the Revised Code	24585
from the leasing of them to an electric company for those	24586
respective tax years, as reflected in the preliminary assessments;	24587

(b) The three-year average assessed value from nuclear fuel	24588
materials and assemblies assessed under division (D)(2)(a) of this	24589
section for tax years 1996, 1997, and 1998, as reflected in the	24590
preliminary assessments, using an assessment rate of twenty-five	24591
per cent.	24592

(3) In the case of a taxing district having a nuclear power	24593
plant within its territory, any amount, resulting in an electric	24594
company tax value loss, obtained by subtracting the amount	24595
described in division (D)(1) of this section from the difference	24596
obtained by subtracting the amount described in division (D)(3)(b)	24597
of this section from the amount described in division (D)(3)(a) of	24598
this section.	24599

(a) The value of electric company tangible personal property	24600
as assessed by the tax commissioner for tax year 2000 on a	24601
preliminary assessment, or an amended preliminary assessment if	24602
issued prior to March 1, 2001, and as apportioned to the taxing	24603
district for tax year 2000;	24604

(b) The value of electric company tangible personal property	24605
as assessed by the tax commissioner for tax year 2001 on a	24606
preliminary assessment, or an amended preliminary assessment if	24607
issued prior to March 1, 2002, and as apportioned to the taxing	24608
district for tax year 2001.	24609

(4) In the case of a taxing district having a nuclear power	24610
plant within its territory, the difference obtained by subtracting	24611
the amount described in division (D)(4)(b) of this section from	24612
the amount described in division (D)(4)(a) of this section,	24613
provided that such difference is greater than ten per cent of the	24614
amount described in division (D)(4)(a) of this section.	24615

(a) The value of electric company tangible personal property	24616
as assessed by the tax commissioner for tax year 2005 on a	24617
preliminary assessment, or an amended preliminary assessment if	24618
issued prior to March 1, 2006, and as apportioned to the taxing	24619
district for tax year 2005;	24620

(b) The value of electric company tangible personal property	24621
as assessed by the tax commissioner for tax year 2006 on a	24622
preliminary assessment, or an amended preliminary assessment if	24623
issued prior to March 1, 2007, and as apportioned to the taxing	24624
district for tax year 2006.	24625

(E) Not later than January 1, 2002, the tax commissioner	24626
shall determine for each taxing district its natural gas company	24627
tax value loss, which is the sum of the amounts described in	24628
divisions (E)(1) and (2) of this section:	24629

(1) The difference obtained by subtracting the amount	24630
described in division (E)(1)(b) from the amount described in	24631
division (E)(1)(a) of this section.	24632

(a) The value of all natural gas company tangible personal	24633
property, other than property described in division (E)(2) of this	24634
section, as assessed by the tax commissioner for tax year 1999 on	24635
a preliminary assessment, or an amended preliminary assessment if	24636
issued prior to March 1, 2000, and apportioned to the taxing	24637
district for tax year 1999;	24638

(b) The value of all natural gas company tangible personal	24639
property, other than property described in division (E)(2) of this	24640
section, as assessed by the tax commissioner for tax year 1999 had	24641
the property been apportioned to the taxing district for tax year	24642
2001, and assessed at the rates in effect for tax year 2001.	24643

(2) The difference in the value of current gas obtained by	24644
subtracting the amount described in division (E)(2)(b) from the	24645
amount described in division (E)(2)(a) of this section.	24646

(a) The three-year average assessed value of current gas as	24647
assessed by the tax commissioner for tax years 1997, 1998, and	24648
1999 on a preliminary assessment, or an amended preliminary	24649
assessment if issued prior to March 1, 2001, and as apportioned in	24650
the taxing district for those respective years;	24651

(b) The three-year average assessed value from current gas	24652
under division (E)(2)(a) of this section for tax years 1997, 1998,	24653
and 1999, as reflected in the preliminary assessment, using an	24654
assessment rate of twenty-five per cent.	24655

(F) The tax commissioner may request that natural gas	24656
companies, electric companies, and rural electric companies file a	24657
report to help determine the tax value loss under divisions (D)	24658
and (E) of this section. The report shall be filed within thirty	24659
days of the commissioner's request. A company that fails to file	24660
the report or does not timely file the report is subject to the	24661
penalty in section 5727.60 of the Revised Code.	24662

(G) Not later than January 1, 2002, the tax commissioner	24663
shall determine for each school district, joint vocational school	24664
district, and local taxing unit its fixed-rate levy loss, which is	24665
the sum of its electric company tax value loss multiplied by the	24666
tax rate in effect in tax year 1998 for fixed-rate levies and its	24667
natural gas company tax value loss multiplied by the tax rate in	24668
effect in tax year 1999 for fixed-rate levies.	24669

(H) Not later than January 1, 2002, the tax commissioner	24670
shall determine for each school district, joint vocational school	24671
district, and local taxing unit its fixed-sum levy loss, which is	24672
the amount obtained by subtracting the amount described in	24673
division (H)(2) of this section from the amount described in	24674
division (H)(1) of this section:	24675

(1) The sum of the electric company tax value loss multiplied	24676
by the tax rate in effect in tax year 1998, and the natural gas	24677
company tax value loss multiplied by the tax rate in effect in tax	24678
year 1999, for fixed-sum levies for all taxing districts within	24679
each school district, joint vocational school district, and local	24680
taxing unit. For the years 2002 through 2006, this computation	24681
shall include school district emergency levies that existed in	24682
1998 in the case of the electric company tax value loss, and 1999	24683
in the case of the natural gas company tax value loss, and all	24684
other fixed-sum levies that existed in 1998 in the case of the	24685
electric company tax value loss and 1999 in the case of the	24686
natural gas company tax value loss and continue to be charged in	24687
the tax year preceding the distribution year. For the years 2007	24688
through 2016 in the case of school district emergency levies, and	24689
for all years after 2006 in the case of all other fixed-sum	24690
levies, this computation shall exclude all fixed-sum levies that	24691
existed in 1998 in the case of the electric company tax value loss	24692
and 1999 in the case of the natural gas company tax value loss,	24693
but are no longer in effect in the tax year preceding the	24694
distribution year. For the purposes of this section, an emergency	24695
levy that existed in 1998 in the case of the electric company tax	24696
value loss, and 1999 in the case of the natural gas company tax	24697
value loss, continues to exist in a year beginning on or after	24698
January 1, 2007, but before January 1, 2017, if, in that year, the	24699
board of education levies a school district emergency levy for an	24700
annual sum at least equal to the annual sum levied by the board in	24701
tax year 1998 or 1999, respectively, less the amount of the	24702
payment certified under this division for 2002.	24703

(2) The total taxable value in tax year 1999 less the tax	24704
value loss in each school district, joint vocational school	24705
district, and local taxing unit multiplied by one-fourth of one	24706
mill.	24707

If the amount computed under division (H) of this section for	24708
any school district, joint vocational school district, or local	24709
taxing unit is greater than zero, that amount shall equal the	24710
fixed-sum levy loss reimbursed pursuant to division (E) of section	24711
5727.85 of the Revised Code or division (A)(2) of section 5727.86	24712
of the Revised Code, and the one-fourth of one mill that is	24713
subtracted under division (H)(2) of this section shall be	24714
apportioned among all contributing fixed-sum levies in the	24715
proportion of each levy to the sum of all fixed-sum levies within	24716
each school district, joint vocational school district, or local	24717
taxing unit.	24718

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	24719
section, in computing the tax value loss, fixed-rate levy loss,	24720
and fixed-sum levy loss, the tax commissioner shall use the	24721
greater of the 1998 tax rate or the 1999 tax rate in the case of	24722
levy losses associated with the electric company tax value loss,	24723
but the 1999 tax rate shall not include for this purpose any tax	24724
levy approved by the voters after June 30, 1999, and the tax	24725
commissioner shall use the greater of the 1999 or the 2000 tax	24726
rate in the case of levy losses associated with the natural gas	24727
company tax value loss.	24728

(J) Not later than January 1, 2002, the tax commissioner	24729
shall certify to the department of education the tax value loss	24730
determined under divisions (D) and (E) of this section for each	24731
taxing district, the fixed-rate levy loss calculated under	24732
division (G) of this section, and the fixed-sum levy loss	24733
calculated under division (H) of this section. The calculations	24734
under divisions (G) and (H) of this section shall separately	24735
display the levy loss for each levy eligible for reimbursement.	24736

(K) Not later than September 1, 2001, the tax commissioner	24737
shall certify the amount of the fixed-sum levy loss to the county	24738
auditor of each county in which a school district with a fixed-sum	24739
levy loss has territory.	24740

Sec. 5727.85. (A) By the thirty-first day of July of each	24741
year, beginning in 2002 and ending in 2016, the department of	24742
education shall determine the following for each school district	24743
and each joint vocational school district ~~eligible for payment~~	24744
~~under division (C) or (D) of this section~~:	24745

(1) The state education aid offset, which is the difference	24746
obtained by subtracting the amount described in division (A)(1)(b)	24747
of this section from the amount described in division (A)(1)(a) of	24748
this section:	24749

(a) The state education aid computed for the school district	24750
or joint vocational school district for the current fiscal year as	24751
of the thirty-first day of July;	24752

(b) The state education aid that would be computed for the	24753
school district or joint vocational school district for the	24754
current fiscal year as of the thirty-first day of July if the	24755
recognized valuation included the tax value loss for the school	24756
district or joint vocational school district.	24757

(2) The greater of zero or the difference obtained by	24758
subtracting the state education aid offset determined under	24759
division (A)(1) of this section from the fixed-rate levy loss	24760
certified under division (J) of section 5727.84 of the Revised	24761
Code for all taxing districts in each school district and joint	24762
vocational school district.	24763

By the fifth day of August of each such year, the department	24764
of education shall certify the amount so determined under division	24765
(A)(1) of this section to the director of budget and management.	24766

(B) Not later than the thirty-first day of October of the	24767
years 2006 through 2016, the department of education shall	24768
determine all of the following for each school district:	24769

(1) The amount obtained by subtracting the district's state	24770
education aid computed for fiscal year 2002 from the district's	24771
state education aid computed for the current fiscal year as of the	24772
fifteenth day of July, by including in the definition of	24773
recognized valuation the machinery and equipment, inventory,	24774
furniture and fixtures, and telephone property tax value losses,	24775
as defined in section 5751.20 of the Revised Code, for the school	24776
district or joint vocational school district for the preceding tax	24777
year;	24778

(2) The inflation-adjusted property tax loss. The	24779
inflation-adjusted property tax loss equals the fixed-rate levy	24780
loss, excluding the tax loss from levies within the ten-mill	24781
limitation to pay debt charges, determined under division (G) of	24782
section 5727.84 of the Revised Code for all taxing districts in	24783
each school district, plus the product obtained by multiplying	24784
that loss by the cumulative percentage increase in the consumer	24785
price index from January 1, 2002, to the thirtieth day of June of	24786
the current year.	24787

(3) The difference obtained by subtracting the amount	24788
computed under division (B)(1) from the amount of the	24789
inflation-adjusted property tax loss. If this difference is zero	24790
or a negative number, no further payments shall be made under	24791
division (C) of this section to the school district from the	24792
school district property tax replacement fund.	24793

(C) The department of education shall pay from the school	24794
district property tax replacement fund to each school district all	24795
of the following:	24796

(1) In February 2002, one-half of the fixed-rate levy loss	24797
certified under division (J) of section 5727.84 of the Revised	24798
Code between the twenty-first and twenty-eighth days of February.	24799

(2) From August 2002 through August 2017, one-half of the	24800
amount calculated for that fiscal year under division (A)(2) of	24801
this section between the twenty-first and twenty-eighth days of	24802
August and of February, provided the difference computed under	24803
division (B)(3) of this section is not less than or equal to zero.	24804

For taxes levied within the ten-mill limitation for debt	24805
purposes in tax year 1998 in the case of electric company tax	24806
value losses, and in tax year 1999 in the case of natural gas	24807
company tax value losses, payments shall be made equal to one	24808
hundred per cent of the loss computed as if the tax were a	24809
fixed-rate levy, but those payments shall extend from fiscal year	24810
2006 through fiscal year 2016.	24811

The department of education shall report to each school	24812
district the apportionment of the payments among the school	24813
district's funds based on the certifications under division (J) of	24814
section 5727.84 of the Revised Code.	24815

(D) Not later than January 1, 2002, for all taxing districts	24816
in each joint vocational school district, the tax commissioner	24817
shall certify to the department of education the fixed-rate levy	24818
loss determined under division (G) of section 5727.84 of the	24819
Revised Code. From February 2002 to August 2016, the department	24820
shall pay from the school district property tax replacement fund	24821
to the joint vocational school district one-half of the amount	24822
calculated for that fiscal year under division (A)(2) of this	24823
section between the twenty-first and twenty-eighth days of August	24824
and of February.	24825

(E)(1) Not later than January 1, 2002, for each fixed-sum	24826
levy levied by each school district or joint vocational school	24827
district and for each year for which a determination is made under	24828
division (H) of section 5727.84 of the Revised Code that a	24829
fixed-sum levy loss is to be reimbursed, the tax commissioner	24830
shall certify to the department of education the fixed-sum levy	24831
loss determined under that division. The certification shall cover	24832
a time period sufficient to include all fixed-sum levies for which	24833
the tax commissioner made such a determination. The department	24834
shall pay from the school district property tax replacement fund	24835
to the school district or joint vocational school district	24836
one-half of the fixed-sum levy loss so certified for each year	24837
between the twenty-first and twenty-eighth days of August and of	24838
February.	24839

(2) Beginning in 2003, by the thirty-first day of January of	24840
each year, the tax commissioner shall review the certification	24841
originally made under division (E)(1) of this section. If the	24842
commissioner determines that a debt levy that had been scheduled	24843
to be reimbursed in the current year has expired, a revised	24844
certification for that and all subsequent years shall be made to	24845
the department of education.	24846

(F) If the balance of the half-mill equalization fund created	24847
under section 3318.18 of the Revised Code is insufficient to make	24848
the full amount of payments required under division (D) of that	24849
section, the department of education, at the end of the third	24850
quarter of the fiscal year, shall certify to the director of	24851
budget and management the amount of the deficiency, and the	24852
director shall transfer an amount equal to the deficiency from the	24853
school district property tax replacement fund to the half-mill	24854
equalization fund.	24855

(G) Beginning in August 2002, and ending in May 2017, the	24856
director of budget and management shall transfer from the school	24857
district property tax replacement fund to the general revenue fund	24858
each of the following:	24859

(1) Between the twenty-eighth day of August and the fifth day	24860
of September, the lesser of one-half of the amount certified for	24861
that fiscal year under division (A)(2) of this section or the	24862
balance in the school district property tax replacement fund;	24863

(2) Between the first and fifth days of May, the lesser of	24864
one-half of the amount certified for that fiscal year under	24865
division (A)(2) of this section or the balance in the school	24866
district property tax replacement fund.	24867

(H) On the first day of June each year, the director of	24868
budget and management shall transfer any balance remaining in the	24869
school district property tax replacement fund after the payments	24870
have been made under divisions (C), (D), (E), (F), and (G) of this	24871
section to the half-mill equalization fund created under section	24872
3318.18 of the Revised Code to the extent required to make any	24873
payments in the current fiscal year under that section, and shall	24874
transfer the remaining balance to the general revenue fund.	24875

(I) From fiscal year 2002 through fiscal year 2016, if the	24876
total amount in the school district property tax replacement fund	24877
is insufficient to make all payments under divisions (C), (D),	24878
(E), and (F) of this section at the time the payments are to be	24879
made, the director of budget and management shall transfer from	24880
the general revenue fund to the school district property tax	24881
replacement fund the difference between the total amount to be	24882
paid and the total amount in the school district property tax	24883
replacement fund, except that no transfer shall be made by reason	24884
of a deficiency to the extent that it results from the amendment	24885
of section 5727.84 of the Revised Code by Amended Substitute House	24886
Bill No. 95 of the 125th general assembly.	24887

(J) If all of the territory of a school district or joint	24888
vocational school district is merged with an existing district, or	24889
if a part of the territory of a school district or joint	24890
vocational school district is transferred to an existing or new	24891
district, the department of education, in consultation with the	24892
tax commissioner, shall adjust the payments made under this	24893
section as follows:	24894

(1) For the merger of all of the territory of two or more	24895
districts, the fixed-rate levy loss and the fixed-sum levy loss of	24896
the successor district shall be equal to the sum of the fixed-rate	24897
levy losses and the fixed-sum levy losses for each of the	24898
districts involved in the merger.	24899

(2) For the transfer of a part of one district's territory to	24900
an existing district, the amount of the fixed-rate levy loss that	24901
is transferred to the recipient district shall be an amount equal	24902
to the transferring district's total fixed-rate levy loss times a	24903
fraction, the numerator of which is the value of electric company	24904
tangible personal property located in the part of the territory	24905
that was transferred, and the denominator of which is the total	24906
value of electric company tangible personal property located in	24907
the entire district from which the territory was transferred. The	24908
value of electric company tangible personal property under this	24909
division shall be determined for the most recent year for which	24910
data is available. Fixed-sum levy losses for both districts shall	24911
be determined under division (J)(4) of this section.	24912

(3) For the transfer of a part of the territory of one or	24913
more districts to create a new district:	24914

(a) If the new district is created on or after January 1,	24915
2000, but before January 1, 2005, the new district shall be paid	24916
its current fixed-rate levy loss through August 2009. From	24917
February 2010 to August 2016, the new district shall be paid the	24918
lesser of: (i) the amount calculated under division (C)(2) of	24919
this section or (ii) an amount equal to the new district's	24920
fixed-rate levy loss multiplied by the percentage prescribed by	24921
the following schedule:	24922

YEAR	PERCENTAGE	24923
2010	70%	24924
2011	70%	24925
2012	60%	24926
2013	50%	24927
2014	40%	24928
2015	24%	24929
2016	11.5%	24930
2017 and thereafter	0%	24931

Fixed-sum levy losses for the districts shall be determined	24932
under division (J)(4) of this section.	24933

(b) If the new district is created on or after January 1,	24934
2005, the new district shall be deemed not to have any fixed-rate	24935
levy loss or, except as provided in division (J)(4) of this	24936
section, fixed-sum levy loss. The district or districts from which	24937
the territory was transferred shall have no reduction in their	24938
fixed-rate levy loss, or, except as provided in division (J)(4) of	24939
this section, their fixed-sum levy loss.	24940

(4) If a recipient district under division (J)(2) of this	24941
section or a new district under division (J)(3)(a) or (b) of this	24942
section takes on debt from one or more of the districts from which	24943
territory was transferred, and any of the districts transferring	24944
the territory had fixed-sum levy losses, the department of	24945
education, in consultation with the tax commissioner, shall make	24946
an equitable division of the fixed-sum levy losses.	24947

(K) There is hereby created the public utility property tax	24948
study committee, effective January 1, 2011. The committee shall	24949
consist of the following seven members: the tax commissioner,	24950
three members of the senate appointed by the president of the	24951
senate, and three members of the house of representatives	24952
appointed by the speaker of the house of representatives. The	24953
appointments shall be made not later than January 31, 2011. The	24954
tax commissioner shall be the chairperson of the committee.	24955

The committee shall study the extent to which each school	24956
district or joint vocational school district has been compensated,	24957
under sections 5727.84 and 5727.85 of the Revised Code as enacted	24958
by Substitute Senate Bill No. 3 of the 123rd general assembly and	24959
any subsequent acts, for the property tax loss caused by the	24960
reduction in the assessment rates for natural gas, electric, and	24961
rural electric company tangible personal property. Not later than	24962
June 30, 2011, the committee shall issue a report of its findings,	24963
including any recommendations for providing additional	24964
compensation for the property tax loss or regarding remedial	24965
legislation, to the president of the senate and the speaker of the	24966
house of representatives, at which time the committee shall cease	24967
to exist.	24968

The department of taxation and department of education shall	24969
provide such information and assistance as is required for the	24970
committee to carry out its duties.	24971

Sec. 5739.01. As used in this chapter:

24972

(A) "Person" includes individuals, receivers, assignees,	24973
trustees in bankruptcy, estates, firms, partnerships,	24974
associations, joint-stock companies, joint ventures, clubs,	24975
societies, corporations, the state and its political subdivisions,	24976
and combinations of individuals of any form.	24977

(B) "Sale" and "selling" include all of the following	24978
transactions for a consideration in any manner, whether absolutely	24979
or conditionally, whether for a price or rental, in money or by	24980
exchange, and by any means whatsoever:	24981

(1) All transactions by which title or possession, or both,	24982
of tangible personal property, is or is to be transferred, or a	24983
license to use or consume tangible personal property is or is to	24984
be granted;	24985

(2) All transactions by which lodging by a hotel is or is to	24986
be furnished to transient guests;	24987

(3) All transactions by which:

24988

(a) An item of tangible personal property is or is to be	24989
repaired, except property, the purchase of which would not be	24990
subject to the tax imposed by section 5739.02 of the Revised Code;	24991

(b) An item of tangible personal property is or is to be	24992
installed, except property, the purchase of which would not be	24993
subject to the tax imposed by section 5739.02 of the Revised Code	24994
or property that is or is to be incorporated into and will become	24995
a part of a production, transmission, transportation, or	24996
distribution system for the delivery of a public utility service;	24997

(c) The service of washing, cleaning, waxing, polishing, or	24998
painting a motor vehicle is or is to be furnished;	24999

(d) Until August 1, 2003, industrial laundry cleaning	25000
services are or are to be provided and, on and after August 1,	25001
2003, laundry and dry cleaning services are or are to be provided;	25002

(e) Automatic data processing, computer services, or	25003
electronic information services are or are to be provided for use	25004
in business when the true object of the transaction is the receipt	25005
by the consumer of automatic data processing, computer services,	25006
or electronic information services rather than the receipt of	25007
personal or professional services to which automatic data	25008
processing, computer services, or electronic information services	25009
are incidental or supplemental. Notwithstanding any other	25010
provision of this chapter, such transactions that occur between	25011
members of an affiliated group are not sales. An "affiliated	25012
group" means two or more persons related in such a way that one	25013
person owns or controls the business operation of another member	25014
of the group. In the case of corporations with stock, one	25015
corporation owns or controls another if it owns more than fifty	25016
per cent of the other corporation's common stock with voting	25017
rights.	25018

(f) Telecommunications service, including prepaid calling	25019
service, prepaid wireless calling service, or ancillary service,	25020
is or is to be provided, but not including coin-operated telephone	25021
service;	25022

(g) Landscaping and lawn care service is or is to be	25023
provided;	25024

(h) Private investigation and security service is or is to be	25025
provided;	25026

(i) Information services or tangible personal property is	25027
provided or ordered by means of a nine hundred telephone call;	25028

(j) Building maintenance and janitorial service is or is to	25029
be provided;	25030

(k) Employment service is or is to be provided;

25031

(l) Employment placement service is or is to be provided;

25032

(m) Exterminating service is or is to be provided;

25033

(n) Physical fitness facility service is or is to be	25034
provided;	25035

(o) Recreation and sports club service is or is to be	25036
provided;	25037

(p) On and after August 1, 2003, satellite broadcasting	25038
service is or is to be provided;	25039

(q) On and after August 1, 2003, personal care service is or	25040
is to be provided to an individual. As used in this division,	25041
"personal care service" includes skin care, the application of	25042
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	25043
piercing, tanning, massage, and other similar services. "Personal	25044
care service" does not include a service provided by or on the	25045
order of a licensed physician or licensed chiropractor, or the	25046
cutting, coloring, or styling of an individual's hair.	25047

(r) On and after August 1, 2003, the transportation of	25048
persons by motor vehicle or aircraft is or is to be provided, when	25049
the transportation is entirely within this state, except for	25050
transportation provided by an ambulance service, by a transit bus,	25051
as defined in section 5735.01 of the Revised Code, and	25052
transportation provided by a citizen of the United States holding	25053
a certificate of public convenience and necessity issued under 49	25054
U.S.C. 41102;	25055

(s) On and after August 1, 2003, motor vehicle towing service	25056
is or is to be provided. As used in this division, "motor vehicle	25057
towing service" means the towing or conveyance of a wrecked,	25058
disabled, or illegally parked motor vehicle.	25059

(t) On and after August 1, 2003, snow removal service is or	25060
is to be provided. As used in this division, "snow removal	25061
service" means the removal of snow by any mechanized means, but	25062
does not include the providing of such service by a person that	25063
has less than five thousand dollars in sales of such service	25064
during the calendar year.	25065

(u) Electronic publishing service is or is to be provided to	25066
a consumer for use in business, except that such transactions	25067
occurring between members of an affiliated group, as defined in	25068
division (B)(3)(e) of this section, are not sales.	25069

(4) All transactions by which printed, imprinted,	25070
overprinted, lithographic, multilithic, blueprinted, photostatic,	25071
or other productions or reproductions of written or graphic matter	25072
are or are to be furnished or transferred;	25073

(5) The production or fabrication of tangible personal	25074
property for a consideration for consumers who furnish either	25075
directly or indirectly the materials used in the production of	25076
fabrication work; and include the furnishing, preparing, or	25077
serving for a consideration of any tangible personal property	25078
consumed on the premises of the person furnishing, preparing, or	25079
serving such tangible personal property. Except as provided in	25080
section 5739.03 of the Revised Code, a construction contract	25081
pursuant to which tangible personal property is or is to be	25082
incorporated into a structure or improvement on and becoming a	25083
part of real property is not a sale of such tangible personal	25084
property. The construction contractor is the consumer of such	25085
tangible personal property, provided that the sale and	25086
installation of carpeting, the sale and installation of	25087
agricultural land tile, the sale and erection or installation of	25088
portable grain bins, or the provision of landscaping and lawn care	25089
service and the transfer of property as part of such service is	25090
never a construction contract.	25091

As used in division (B)(5) of this section:

25092

(a) "Agricultural land tile" means fired clay or concrete	25093
tile, or flexible or rigid perforated plastic pipe or tubing,	25094
incorporated or to be incorporated into a subsurface drainage	25095
system appurtenant to land used or to be used directly in	25096
production by farming, agriculture, horticulture, or floriculture.	25097
The term does not include such materials when they are or are to	25098
be incorporated into a drainage system appurtenant to a building	25099
or structure even if the building or structure is used or to be	25100
used in such production.	25101

(b) "Portable grain bin" means a structure that is used or to	25102
be used by a person engaged in farming or agriculture to shelter	25103
the person's grain and that is designed to be disassembled without	25104
significant damage to its component parts.	25105

(6) All transactions in which all of the shares of stock of a	25106
closely held corporation are transferred, if the corporation is	25107
not engaging in business and its entire assets consist of boats,	25108
planes, motor vehicles, or other tangible personal property	25109
operated primarily for the use and enjoyment of the shareholders;	25110

(7) All transactions in which a warranty, maintenance or	25111
service contract, or similar agreement by which the vendor of the	25112
warranty, contract, or agreement agrees to repair or maintain the	25113
tangible personal property of the consumer is or is to be	25114
provided;	25115

(8) The transfer of copyrighted motion picture films used	25116
solely for advertising purposes, except that the transfer of such	25117
films for exhibition purposes is not a sale.;	25118

(9) On and after August 1, 2003, all transactions by which	25119
tangible personal property is or is to be stored, except such	25120
property that the consumer of the storage holds for sale in the	25121
regular course of business;	25122

(10) All transactions in which "guaranteed auto protection"	25123
is provided whereby a person promises to pay to the consumer the	25124
difference between the amount the consumer receives from motor	25125
vehicle insurance and the amount the consumer owes to a person	25126
holding title to or a lien on the consumer's motor vehicle in the	25127
event the consumer's motor vehicle suffers a total loss under the	25128
terms of the motor vehicle insurance policy or is stolen and not	25129
recovered, if the protection and its price are included in the	25130
purchase or lease agreement.	25131

Except as provided in this section, "sale" and "selling" do	25132
not include transfers of interest in leased property where the	25133
original lessee and the terms of the original lease agreement	25134
remain unchanged, or professional, insurance, or personal service	25135
transactions that involve the transfer of tangible personal	25136
property as an inconsequential element, for which no separate	25137
charges are made.	25138

(C) "Vendor" means the person providing the service or by	25139
whom the transfer effected or license given by a sale is or is to	25140
be made or given and, for sales described in division (B)(3)(i) of	25141
this section, the telecommunications service vendor that provides	25142
the nine hundred telephone service; if two or more persons are	25143
engaged in business at the same place of business under a single	25144
trade name in which all collections on account of sales by each	25145
are made, such persons shall constitute a single vendor.	25146

Physicians, dentists, hospitals, and veterinarians who are	25147
engaged in selling tangible personal property as received from	25148
others, such as eyeglasses, mouthwashes, dentifrices, or similar	25149
articles, are vendors. Veterinarians who are engaged in	25150
transferring to others for a consideration drugs, the dispensing	25151
of which does not require an order of a licensed veterinarian or	25152
physician under federal law, are vendors.	25153

(D)(1) "Consumer" means the person for whom the service is	25154
provided, to whom the transfer effected or license given by a sale	25155
is or is to be made or given, to whom the service described in	25156
division (B)(3)(f) or (i) of this section is charged, or to whom	25157
the admission is granted.	25158

(2) Physicians, dentists, hospitals, and blood banks operated	25159
by nonprofit institutions and persons licensed to practice	25160
veterinary medicine, surgery, and dentistry are consumers of all	25161
tangible personal property and services purchased by them in	25162
connection with the practice of medicine, dentistry, the rendition	25163
of hospital or blood bank service, or the practice of veterinary	25164
medicine, surgery, and dentistry. In addition to being consumers	25165
of drugs administered by them or by their assistants according to	25166
their direction, veterinarians also are consumers of drugs that	25167
under federal law may be dispensed only by or upon the order of a	25168
licensed veterinarian or physician, when transferred by them to	25169
others for a consideration to provide treatment to animals as	25170
directed by the veterinarian.	25171

(3) A person who performs a facility management, or similar	25172
service contract for a contractee is a consumer of all tangible	25173
personal property and services purchased for use in connection	25174
with the performance of such contract, regardless of whether title	25175
to any such property vests in the contractee. The purchase of such	25176
property and services is not subject to the exception for resale	25177
under division (E)(1) of this section.	25178

(4)(a) In the case of a person who purchases printed matter	25179
for the purpose of distributing it or having it distributed to the	25180
public or to a designated segment of the public, free of charge,	25181
that person is the consumer of that printed matter, and the	25182
purchase of that printed matter for that purpose is a sale.	25183

(b) In the case of a person who produces, rather than	25184
purchases, printed matter for the purpose of distributing it or	25185
having it distributed to the public or to a designated segment of	25186
the public, free of charge, that person is the consumer of all	25187
~~tangile~~tangible personal property and services purchased for use	25188
or consumption in the production of that printed matter. That	25189
person is not entitled to claim exemption under division	25190
(B)(42)(f) of section 5739.02 of the Revised Code for any	25191
material incorporated into the printed matter or any equipment,	25192
supplies, or services primarily used to produce the printed	25193
matter.	25194

(c) The distribution of printed matter to the public or to a	25195
designated segment of the public, free of charge, is not a sale to	25196
the members of the public to whom the printed matter is	25197
distributed or to any persons who purchase space in the printed	25198
matter for advertising or other purposes.	25199

(5) A person who makes sales of any of the services listed in	25200
division (B)(3) of this section is the consumer of any tangible	25201
personal property used in performing the service. The purchase of	25202
that property is not subject to the resale exception under	25203
division (E)(1) of this section.	25204

(6) A person who engages in highway transportation for hire	25205
is the consumer of all packaging materials purchased by that	25206
person and used in performing the service, except for packaging	25207
materials sold by such person in a transaction separate from the	25208
service.	25209

(E) "Retail sale" and "sales at retail" include all sales,	25210
except those in which the purpose of the consumer is to resell the	25211
thing transferred or benefit of the service provided, by a person	25212
engaging in business, in the form in which the same is, or is to	25213
be, received by the person.	25214

(F) "Business" includes any activity engaged in by any person	25215
with the object of gain, benefit, or advantage, either direct or	25216
indirect. "Business" does not include the activity of a person in	25217
managing and investing the person's own funds.	25218

(G) "Engaging in business" means commencing, conducting, or	25219
continuing in business, and liquidating a business when the	25220
liquidator thereof holds itself out to the public as conducting	25221
such business. Making a casual sale is not engaging in business.	25222

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	25223
(3) of this section, means the total amount of consideration,	25224
including cash, credit, property, and services, for which tangible	25225
personal property or services are sold, leased, or rented, valued	25226
in money, whether received in money or otherwise, without any	25227
deduction for any of the following:	25228

(i) The vendor's cost of the property sold;

25229

(ii) The cost of materials used, labor or service costs,	25230
interest, losses, all costs of transportation to the vendor, all	25231
taxes imposed on the vendor, including the tax imposed under	25232
Chapter 5751. of the Revised Code, and any other expense of the	25233
vendor;	25234

(iii) Charges by the vendor for any services necessary to	25235
complete the sale;	25236

(iv) On and after August 1, 2003, delivery charges. As used	25237
in this division, "delivery charges" means charges by the vendor	25238
for preparation and delivery to a location designated by the	25239
consumer of tangible personal property or a service, including	25240
transportation, shipping, postage, handling, crating, and packing.	25241

(v) Installation charges;

25242

(vi) Credit for any trade-in.

25243

(b) "Price" includes consideration received by the vendor	25244
from a third party, if the vendor actually receives the	25245
consideration from a party other than the consumer, and the	25246
consideration is directly related to a price reduction or discount	25247
on the sale; the vendor has an obligation to pass the price	25248
reduction or discount through to the consumer; the amount of the	25249
consideration attributable to the sale is fixed and determinable	25250
by the vendor at the time of the sale of the item to the consumer;	25251
and one of the following criteria is met:	25252

(i) The consumer presents a coupon, certificate, or other	25253
document to the vendor to claim a price reduction or discount	25254
where the coupon, certificate, or document is authorized,	25255
distributed, or granted by a third party with the understanding	25256
that the third party will reimburse any vendor to whom the coupon,	25257
certificate, or document is presented;	25258

(ii) The consumer identifies the consumer's self to the	25259
seller as a member of a group or organization entitled to a price	25260
reduction or discount. A preferred customer card that is available	25261
to any patron does not constitute membership in such a group or	25262
organization.	25263

(iii) The price reduction or discount is identified as a	25264
third party price reduction or discount on the invoice received by	25265
the consumer, or on a coupon, certificate, or other document	25266
presented by the consumer.	25267

25268

(i) Discounts, including cash, term, or coupons that are not	25269
reimbursed by a third party that are allowed by a vendor and taken	25270
by a consumer on a sale;	25271

(ii) Interest, financing, and carrying charges from credit	25272
extended on the sale of tangible personal property or services, if	25273
the amount is separately stated on the invoice, bill of sale, or	25274
similar document given to the purchaser;	25275

(iii) Any taxes legally imposed directly on the consumer that	25276
are separately stated on the invoice, bill of sale, or similar	25277
document given to the consumer. For the purpose of this division,	25278
the tax imposed under Chapter 5751. of the Revised Code is not a	25279
tax directly on the consumer, even if the tax or a portion thereof	25280
is separately stated.	25281

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	25282
section, any discount allowed by an automobile manufacturer to its	25283
employee, or to the employee of a supplier, on the purchase of a	25284
new motor vehicle from a new motor vehicle dealer in this state.	25285

(2) In the case of a sale of any new motor vehicle by a new	25286
motor vehicle dealer, as defined in section 4517.01 of the Revised	25287
Code, in which another motor vehicle is accepted by the dealer as	25288
part of the consideration received, "price" has the same meaning	25289
as in division (H)(1) of this section, reduced by the credit	25290
afforded the consumer by the dealer for the motor vehicle received	25291
in trade.	25292

(3) In the case of a sale of any watercraft or outboard motor	25293
by a watercraft dealer licensed in accordance with section	25294
1547.543 of the Revised Code, in which another watercraft,	25295
watercraft and trailer, or outboard motor is accepted by the	25296
dealer as part of the consideration received, "price" has the same	25297
meaning as in division (H)(1) of this section, reduced by the	25298
credit afforded the consumer by the dealer for the watercraft,	25299
watercraft and trailer, or outboard motor received in trade. As	25300
used in this division, "watercraft" includes an outdrive unit	25301
attached to the watercraft.	25302

(I) "Receipts" means the total amount of the prices of the	25303
sales of vendors, provided that cash discounts allowed and taken	25304
on sales at the time they are consummated are not included, minus	25305
any amount deducted as a bad debt pursuant to section 5739.121 of	25306
the Revised Code. "Receipts" does not include the sale price of	25307
property returned or services rejected by consumers when the full	25308
sale price and tax are refunded either in cash or by credit.	25309

(J) "Place of business" means any location at which a person	25310
engages in business.	25311

(K) "Premises" includes any real property or portion thereof	25312
upon which any person engages in selling tangible personal	25313
property at retail or making retail sales and also includes any	25314
real property or portion thereof designated for, or devoted to,	25315
use in conjunction with the business engaged in by such person.	25316

(L) "Casual sale" means a sale of an item of tangible	25317
personal property that was obtained by the person making the sale,	25318
through purchase or otherwise, for the person's own use and was	25319
previously subject to any state's taxing jurisdiction on its sale	25320
or use, and includes such items acquired for the seller's use that	25321
are sold by an auctioneer employed directly by the person for such	25322
purpose, provided the location of such sales is not the	25323
auctioneer's permanent place of business. As used in this	25324
division, "permanent place of business" includes any location	25325
where such auctioneer has conducted more than two auctions during	25326
the year.	25327

(M) "Hotel" means every establishment kept, used, maintained,	25328
advertised, or held out to the public to be a place where sleeping	25329
accommodations are offered to guests, in which five or more rooms	25330
are used for the accommodation of such guests, whether the rooms	25331
are in one or several structures.	25332

(N) "Transient guests" means persons occupying a room or	25333
rooms for sleeping accommodations for less than thirty consecutive	25334
days.	25335

(O) "Making retail sales" means the effecting of transactions	25336
wherein one party is obligated to pay the price and the other	25337
party is obligated to provide a service or to transfer title to or	25338
possession of the item sold. "Making retail sales" does not	25339
include the preliminary acts of promoting or soliciting the retail	25340
sales, other than the distribution of printed matter which	25341
displays or describes and prices the item offered for sale, nor	25342
does it include delivery of a predetermined quantity of tangible	25343
personal property or transportation of property or personnel to or	25344
from a place where a service is performed, regardless of whether	25345
the vendor is a delivery vendor.	25346

(P) "Used directly in the rendition of a public utility	25347
service" means that property that is to be incorporated into and	25348
will become a part of the consumer's production, transmission,	25349
transportation, or distribution system and that retains its	25350
classification as tangible personal property after such	25351
incorporation; fuel or power used in the production, transmission,	25352
transportation, or distribution system; and tangible personal	25353
property used in the repair and maintenance of the production,	25354
transmission, transportation, or distribution system, including	25355
only such motor vehicles as are specially designed and equipped	25356
for such use. Tangible personal property and services used	25357
primarily in providing highway transportation for hire are not	25358
used directly in the rendition of a public utility service. In	25359
this definition, "public utility" includes a citizen of the United	25360
States holding, and required to hold, a certificate of public	25361
convenience and necessity issued under 49 U.S.C. 41102.	25362

(Q) "Refining" means removing or separating a desirable	25363
product from raw or contaminated materials by distillation or	25364
physical, mechanical, or chemical processes.	25365

(R) "Assembly" and "assembling" mean attaching or fitting	25366
together parts to form a product, but do not include packaging a	25367
product.	25368

(S) "Manufacturing operation" means a process in which	25369
materials are changed, converted, or transformed into a different	25370
state or form from which they previously existed and includes	25371
refining materials, assembling parts, and preparing raw materials	25372
and parts by mixing, measuring, blending, or otherwise committing	25373
such materials or parts to the manufacturing process.	25374
"Manufacturing operation" does not include packaging.	25375

(T) "Fiscal officer" means, with respect to a regional	25376
transit authority, the secretary-treasurer thereof, and with	25377
respect to a county that is a transit authority, the fiscal	25378
officer of the county transit board if one is appointed pursuant	25379
to section 306.03 of the Revised Code or the county auditor if the	25380
board of county commissioners operates the county transit system.	25381

(U) "Transit authority" means a regional transit authority	25382
created pursuant to section 306.31 of the Revised Code or a county	25383
in which a county transit system is created pursuant to section	25384
306.01 of the Revised Code. For the purposes of this chapter, a	25385
transit authority must extend to at least the entire area of a	25386
single county. A transit authority that includes territory in more	25387
than one county must include all the area of the most populous	25388
county that is a part of such transit authority. County population	25389
shall be measured by the most recent census taken by the United	25390
States census bureau.	25391

(V) "Legislative authority" means, with respect to a regional	25392
transit authority, the board of trustees thereof, and with respect	25393
to a county that is a transit authority, the board of county	25394
commissioners.	25395

(W) "Territory of the transit authority" means all of the	25396
area included within the territorial boundaries of a transit	25397
authority as they from time to time exist. Such territorial	25398
boundaries must at all times include all the area of a single	25399
county or all the area of the most populous county that is a part	25400
of such transit authority. County population shall be measured by	25401
the most recent census taken by the United States census bureau.	25402

(X) "Providing a service" means providing or furnishing	25403
anything described in division (B)(3) of this section for	25404
consideration.	25405

(Y)(1)(a) "Automatic data processing" means processing of	25406
others' data, including keypunching or similar data entry services	25407
together with verification thereof, or providing access to	25408
computer equipment for the purpose of processing data.	25409

(b) "Computer services" means providing services consisting	25410
of specifying computer hardware configurations and evaluating	25411
technical processing characteristics, computer programming, and	25412
training of computer programmers and operators, provided in	25413
conjunction with and to support the sale, lease, or operation of	25414
taxable computer equipment or systems.	25415

(c) "Electronic information services" means providing access	25416
to computer equipment by means of telecommunications equipment for	25417
the purpose of either of the following:	25418

(i) Examining or acquiring data stored in or accessible to	25419
the computer equipment;	25420

(ii) Placing data into the computer equipment to be retrieved	25421
by designated recipients with access to the computer equipment.	25422

For transactions occurring on or after the effective date of	25423
the amendment of this section by H.B. 157 of the 127th general	25424
assembly, December 21, 2007, "electronic information services"	25425
does not include electronic publishing as defined in division	25426
(LLL) of this section.	25427

(d) "Automatic data processing, computer services, or	25428
electronic information services" shall not include personal or	25429
professional services.	25430

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	25431
section, "personal and professional services" means all services	25432
other than automatic data processing, computer services, or	25433
electronic information services, including but not limited to:	25434

(a) Accounting and legal services such as advice on tax	25435
matters, asset management, budgetary matters, quality control,	25436
information security, and auditing and any other situation where	25437
the service provider receives data or information and studies,	25438
alters, analyzes, interprets, or adjusts such material;	25439

(b) Analyzing business policies and procedures;

25440

25441

(d) Feasibility studies, including economic and technical	25442
analysis of existing or potential computer hardware or software	25443
needs and alternatives;	25444

(e) Designing policies, procedures, and custom software for	25445
collecting business information, and determining how data should	25446
be summarized, sequenced, formatted, processed, controlled, and	25447
reported so that it will be meaningful to management;	25448

(f) Developing policies and procedures that document how	25449
business events and transactions are to be authorized, executed,	25450
and controlled;	25451

(g) Testing of business procedures;

25452

(h) Training personnel in business procedure applications;

25453

(i) Providing credit information to users of such information	25454
by a consumer reporting agency, as defined in the "Fair Credit	25455
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	25456
as hereafter amended, including but not limited to gathering,	25457
organizing, analyzing, recording, and furnishing such information	25458
by any oral, written, graphic, or electronic medium;	25459

(j) Providing debt collection services by any oral, written,	25460
graphic, or electronic means.	25461

The services listed in divisions (Y)(2)(a) to (j) of this	25462
section are not automatic data processing or computer services.	25463

(Z) "Highway transportation for hire" means the	25464
transportation of personal property belonging to others for	25465
consideration by any of the following:	25466

(1) The holder of a permit or certificate issued by this	25467
state or the United States authorizing the holder to engage in	25468
transportation of personal property belonging to others for	25469
consideration over or on highways, roadways, streets, or any	25470
similar public thoroughfare;	25471

(2) A person who engages in the transportation of personal	25472
property belonging to others for consideration over or on	25473
highways, roadways, streets, or any similar public thoroughfare	25474
but who could not have engaged in such transportation on December	25475
11, 1985, unless the person was the holder of a permit or	25476
certificate of the types described in division (Z)(1) of this	25477
section;	25478

(3) A person who leases a motor vehicle to and operates it	25479
for a person described by division (Z)(1) or (2) of this section.	25480

(AA)(1) "Telecommunications service" means the electronic	25481
transmission, conveyance, or routing of voice, data, audio, video,	25482
or any other information or signals to a point, or between or	25483
among points. "Telecommunications service" includes such	25484
transmission, conveyance, or routing in which computer processing	25485
applications are used to act on the form, code, or protocol of the	25486
content for purposes of transmission, conveyance, or routing	25487
without regard to whether the service is referred to as voice-over	25488
internet protocol service or is classified by the federal	25489
communications commission as enhanced or value-added.	25490
"Telecommunications service" does not include any of the	25491
following:	25492

(a) Data processing and information services that allow data	25493
to be generated, acquired, stored, processed, or retrieved and	25494
delivered by an electronic transmission to a consumer where the	25495
consumer's primary purpose for the underlying transaction is the	25496
processed data or information;	25497

(b) Installation or maintenance of wiring or equipment on a	25498
customer's premises;	25499

25500

(d) Advertising, including directory advertising;

25501

(e) Billing and collection services provided to third	25502
parties;	25503

(f) Internet access service;

25504

(g) Radio and television audio and video programming	25505
services, regardless of the medium, including the furnishing of	25506
transmission, conveyance, and routing of such services by the	25507
programming service provider. Radio and television audio and video	25508
programming services include, but are not limited to, cable	25509
service, as defined in 47 U.S.C. 522(6), and audio and video	25510
programming services delivered by commercial mobile radio service	25511
providers, as defined in 47 C.F.R. 20.3;	25512

(h) Ancillary service;

25513

(i) Digital products delivered electronically, including	25514
software, music, video, reading materials, or ring tones.	25515

(2) "Ancillary service" means a service that is associated	25516
with or incidental to the provision of telecommunications service,	25517
including conference bridging service, detailed telecommunications	25518
billing service, directory assistance, vertical service, and voice	25519
mail service. As used in this division:	25520

(a) "Conference bridging service" means an ancillary service	25521
that links two or more participants of an audio or video	25522
conference call, including providing a telephone number.	25523
"Conference bridging service" does not include telecommunications	25524
services used to reach the conference bridge.	25525

(b) "Detailed telecommunications billing service" means an	25526
ancillary service of separately stating information pertaining to	25527
individual calls on a customer's billing statement.	25528

(c) "Directory assistance" means an ancillary service of	25529
providing telephone number or address information.	25530

(d) "Vertical service" means an ancillary service that is	25531
offered in connection with one or more telecommunications	25532
services, which offers advanced calling features that allow	25533
customers to identify callers and manage multiple calls and call	25534
connections, including conference bridging service.	25535

(e) "Voice mail service" means an ancillary service that	25536
enables the customer to store, send, or receive recorded messages.	25537
"Voice mail service" does not include any vertical services that	25538
the customer may be required to have in order to utilize the voice	25539
mail service.	25540

(3) "900 service" means an inbound toll telecommunications	25541
service purchased by a subscriber that allows the subscriber's	25542
customers to call in to the subscriber's prerecorded announcement	25543
or live service, and which is typically marketed under the name	25544
"900" service and any subsequent numbers designated by the federal	25545
communications commission. "900 service" does not include the	25546
charge for collection services provided by the seller of the	25547
telecommunications service to the subscriber, or services or	25548
products sold by the subscriber to the subscriber's customer.	25549

(4) "Prepaid calling service" means the right to access	25550
exclusively telecommunications services, which must be paid for in	25551
advance and which enables the origination of calls using an access	25552
number or authorization code, whether manually or electronically	25553
dialed, and that is sold in predetermined units of dollars of	25554
which the number declines with use in a known amount.	25555

(5) "Prepaid wireless calling service" means a	25556
telecommunications service that provides the right to utilize	25557
mobile telecommunications service as well as other	25558
non-telecommunications services, including the download of digital	25559
products delivered electronically, and content and ancillary	25560
services, that must be paid for in advance and that is sold in	25561
predetermined units of dollars of which the number declines with	25562
use in a known amount.	25563

(6) "Value-added non-voice data service" means a	25564
telecommunications service in which computer processing	25565
applications are used to act on the form, content, code, or	25566
protocol of the information or data primarily for a purpose other	25567
than transmission, conveyance, or routing.	25568

(7) "Coin-operated telephone service" means a	25569
telecommunications service paid for by inserting money into a	25570
telephone accepting direct deposits of money to operate.	25571

(8) "Customer" has the same meaning as in section 5739.034 of	25572
the Revised Code.	25573

(BB) "Laundry and dry cleaning services" means removing soil	25574
or dirt from towels, linens, articles of clothing, or other fabric	25575
items that belong to others and supplying towels, linens, articles	25576
of clothing, or other fabric items. "Laundry and dry cleaning	25577
services" does not include the provision of self-service	25578
facilities for use by consumers to remove soil or dirt from	25579
towels, linens, articles of clothing, or other fabric items.	25580

(CC) "Magazines distributed as controlled circulation	25581
publications" means magazines containing at least twenty-four	25582
pages, at least twenty-five per cent editorial content, issued at	25583
regular intervals four or more times a year, and circulated	25584
without charge to the recipient, provided that such magazines are	25585
not owned or controlled by individuals or business concerns which	25586
conduct such publications as an auxiliary to, and essentially for	25587
the advancement of the main business or calling of, those who own	25588
or control them.	25589

(DD) "Landscaping and lawn care service" means the services	25590
of planting, seeding, sodding, removing, cutting, trimming,	25591
pruning, mulching, aerating, applying chemicals, watering,	25592
fertilizing, and providing similar services to establish, promote,	25593
or control the growth of trees, shrubs, flowers, grass, ground	25594
cover, and other flora, or otherwise maintaining a lawn or	25595
landscape grown or maintained by the owner for ornamentation or	25596
other nonagricultural purpose. However, "landscaping and lawn care	25597
service" does not include the providing of such services by a	25598
person who has less than five thousand dollars in sales of such	25599
services during the calendar year.	25600

(EE) "Private investigation and security service" means the	25601
performance of any activity for which the provider of such service	25602
is required to be licensed pursuant to Chapter 4749. of the	25603
Revised Code, or would be required to be so licensed in performing	25604
such services in this state, and also includes the services of	25605
conducting polygraph examinations and of monitoring or overseeing	25606
the activities on or in, or the condition of, the consumer's home,	25607
business, or other facility by means of electronic or similar	25608
monitoring devices. "Private investigation and security service"	25609
does not include special duty services provided by off-duty police	25610
officers, deputy sheriffs, and other peace officers regularly	25611
employed by the state or a political subdivision.	25612

(FF) "Information services" means providing conversation,	25613
giving consultation or advice, playing or making a voice or other	25614
recording, making or keeping a record of the number of callers,	25615
and any other service provided to a consumer by means of a nine	25616
hundred telephone call, except when the nine hundred telephone	25617
call is the means by which the consumer makes a contribution to a	25618
recognized charity.	25619

(GG) "Research and development" means designing, creating, or	25620
formulating new or enhanced products, equipment, or manufacturing	25621
processes, and also means conducting scientific or technological	25622
inquiry and experimentation in the physical sciences with the goal	25623
of increasing scientific knowledge which may reveal the bases for	25624
new or enhanced products, equipment, or manufacturing processes.	25625

(HH) "Qualified research and development equipment" means	25626
capitalized tangible personal property, and leased personal	25627
property that would be capitalized if purchased, used by a person	25628
primarily to perform research and development. Tangible personal	25629
property primarily used in testing, as defined in division (A)(4)	25630
of section 5739.011 of the Revised Code, or used for recording or	25631
storing test results, is not qualified research and development	25632
equipment unless such property is primarily used by the consumer	25633
in testing the product, equipment, or manufacturing process being	25634
created, designed, or formulated by the consumer in the research	25635
and development activity or in recording or storing such test	25636
results.	25637

(II) "Building maintenance and janitorial service" means	25638
cleaning the interior or exterior of a building and any tangible	25639
personal property located therein or thereon, including any	25640
services incidental to such cleaning for which no separate charge	25641
is made. However, "building maintenance and janitorial service"	25642
does not include the providing of such service by a person who has	25643
less than five thousand dollars in sales of such service during	25644
the calendar year.	25645

(JJ) "Employment service" means providing or supplying	25646
personnel, on a temporary or long-term basis, to perform work or	25647
labor under the supervision or control of another, when the	25648
personnel so provided or supplied receive their wages, salary, or	25649
other compensation from the provider or supplier of the employment	25650
service or from a third party that provided or supplied the	25651
personnel to the provider or supplier. "Employment service" does	25652
not include:	25653

(1) Acting as a contractor or subcontractor, where the	25654
personnel performing the work are not under the direct control of	25655
the purchaser.	25656

(2) Medical and health care services.

25657

(3) Supplying personnel to a purchaser pursuant to a contract	25658
of at least one year between the service provider and the	25659
purchaser that specifies that each employee covered under the	25660
contract is assigned to the purchaser on a permanent basis.	25661

(4) Transactions between members of an affiliated group, as	25662
defined in division (B)(3)(e) of this section.	25663

(5) Transactions where the personnel so provided or supplied	25664
by a provider or supplier to a purchaser of an employment service	25665
are then provided or supplied by that purchaser to a third party	25666
as an employment service, except "employment service" does include	25667
the transaction between that purchaser and the third party.	25668

(KK) "Employment placement service" means locating or finding	25669
employment for a person or finding or locating an employee to fill	25670
an available position.	25671

(LL) "Exterminating service" means eradicating or attempting	25672
to eradicate vermin infestations from a building or structure, or	25673
the area surrounding a building or structure, and includes	25674
activities to inspect, detect, or prevent vermin infestation of a	25675
building or structure.	25676

(MM) "Physical fitness facility service" means all	25677
transactions by which a membership is granted, maintained, or	25678
renewed, including initiation fees, membership dues, renewal fees,	25679
monthly minimum fees, and other similar fees and dues, by a	25680
physical fitness facility such as an athletic club, health spa, or	25681
gymnasium, which entitles the member to use the facility for	25682
physical exercise.	25683

(NN) "Recreation and sports club service" means all	25684
transactions by which a membership is granted, maintained, or	25685
renewed, including initiation fees, membership dues, renewal fees,	25686
monthly minimum fees, and other similar fees and dues, by a	25687
recreation and sports club, which entitles the member to use the	25688
facilities of the organization. "Recreation and sports club" means	25689
an organization that has ownership of, or controls or leases on a	25690
continuing, long-term basis, the facilities used by its members	25691
and includes an aviation club, gun or shooting club, yacht club,	25692
card club, swimming club, tennis club, golf club, country club,	25693
riding club, amateur sports club, or similar organization.	25694

(OO) "Livestock" means farm animals commonly raised for food	25695
or food production, and includes but is not limited to cattle,	25696
sheep, goats, swine, and poultry. "Livestock" does not include	25697
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	25698
animals for use in laboratories or for exhibition, or other	25699
animals not commonly raised for food or food production.	25700

(PP) "Livestock structure" means a building or structure used	25701
exclusively for the housing, raising, feeding, or sheltering of	25702
livestock, and includes feed storage or handling structures and	25703
structures for livestock waste handling.	25704

(QQ) "Horticulture" means the growing, cultivation, and	25705
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	25706
and nursery stock. As used in this division, "nursery stock" has	25707
the same meaning as in section 927.51 of the Revised Code.	25708

(RR) "Horticulture structure" means a building or structure	25709
used exclusively for the commercial growing, raising, or	25710
overwintering of horticultural products, and includes the area	25711
used for stocking, storing, and packing horticultural products	25712
when done in conjunction with the production of those products.	25713

(SS) "Newspaper" means an unbound publication bearing a title	25714
or name that is regularly published, at least as frequently as	25715
biweekly, and distributed from a fixed place of business to the	25716
public in a specific geographic area, and that contains a	25717
substantial amount of news matter of international, national, or	25718
local events of interest to the general public.	25719

(TT) "Professional racing team" means a person that employs	25720
at least twenty full-time employees for the purpose of conducting	25721
a motor vehicle racing business for profit. The person must	25722
conduct the business with the purpose of racing one or more motor	25723
racing vehicles in at least ten competitive professional racing	25724
events each year that comprise all or part of a motor racing	25725
series sanctioned by one or more motor racing sanctioning	25726
organizations. A "motor racing vehicle" means a vehicle for which	25727
the chassis, engine, and parts are designed exclusively for motor	25728
racing, and does not include a stock or production model vehicle	25729
that may be modified for use in racing. For the purposes of this	25730
division:	25731

(1) A "competitive professional racing event" is a motor	25732
vehicle racing event sanctioned by one or more motor racing	25733
sanctioning organizations, at which aggregate cash prizes in	25734
excess of eight hundred thousand dollars are awarded to the	25735
competitors.	25736

(2) "Full-time employee" means an individual who is employed	25737
for consideration for thirty-five or more hours a week, or who	25738
renders any other standard of service generally accepted by custom	25739
or specified by contract as full-time employment.	25740

(UU)(1) "Lease" or "rental" means any transfer of the	25741
possession or control of tangible personal property for a fixed or	25742
indefinite term, for consideration. "Lease" or "rental" includes	25743
future options to purchase or extend, and agreements described in	25744
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	25745
the amount of consideration may be increased or decreased by	25746
reference to the amount realized upon the sale or disposition of	25747
the property. "Lease" or "rental" does not include:	25748

(a) A transfer of possession or control of tangible personal	25749
property under a security agreement or a deferred payment plan	25750
that requires the transfer of title upon completion of the	25751
required payments;	25752

(b) A transfer of possession or control of tangible personal	25753
property under an agreement that requires the transfer of title	25754
upon completion of required payments and payment of an option	25755
price that does not exceed the greater of one hundred dollars or	25756
one per cent of the total required payments;	25757

(c) Providing tangible personal property along with an	25758
operator for a fixed or indefinite period of time, if the operator	25759
is necessary for the property to perform as designed. For purposes	25760
of this division, the operator must do more than maintain,	25761
inspect, or set-up the tangible personal property.	25762

(2) "Lease" and "rental," as defined in division (UU) of this	25763
section, shall not apply to leases or rentals that exist before	25764
June 26, 2003.	25765

(3) "Lease" and "rental" have the same meaning as in division	25766
(UU)(1) of this section regardless of whether a transaction is	25767
characterized as a lease or rental under generally accepted	25768
accounting principles, the Internal Revenue Code, Title XIII of	25769
the Revised Code, or other federal, state, or local laws.	25770

(VV) "Mobile telecommunications service" has the same meaning	25771
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	25772
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	25773
on and after August 1, 2003, includes related fees and ancillary	25774
services, including universal service fees, detailed billing	25775
service, directory assistance, service initiation, voice mail	25776
service, and vertical services, such as caller ID and three-way	25777
calling.	25778

(WW) "Certified service provider" has the same meaning as in	25779
section 5740.01 of the Revised Code.	25780

(XX) "Satellite broadcasting service" means the distribution	25781
or broadcasting of programming or services by satellite directly	25782
to the subscriber's receiving equipment without the use of ground	25783
receiving or distribution equipment, except the subscriber's	25784
receiving equipment or equipment used in the uplink process to the	25785
satellite, and includes all service and rental charges, premium	25786
channels or other special services, installation and repair	25787
service charges, and any other charges having any connection with	25788
the provision of the satellite broadcasting service.	25789

(YY) "Tangible personal property" means personal property	25790
that can be seen, weighed, measured, felt, or touched, or that is	25791
in any other manner perceptible to the senses. For purposes of	25792
this chapter and Chapter 5741. of the Revised Code, "tangible	25793
personal property" includes motor vehicles, electricity, water,	25794
gas, steam, and prewritten computer software.	25795

(ZZ) "Direct mail" means printed material delivered or	25796
distributed by United States mail or other delivery service to a	25797
mass audience or to addressees on a mailing list provided by the	25798
consumer or at the direction of the consumer when the cost of the	25799
items are not billed directly to the recipients. "Direct mail"	25800
includes tangible personal property supplied directly or	25801
indirectly by the consumer to the direct mail vendor for inclusion	25802
in the package containing the printed material. "Direct mail" does	25803
not include multiple items of printed material delivered to a	25804
single address.	25805

(AAA) "Computer" means an electronic device that accepts	25806
information in digital or similar form and manipulates it for a	25807
result based on a sequence of instructions.	25808

(BBB) "Computer software" means a set of coded instructions	25809
designed to cause a computer or automatic data processing	25810
equipment to perform a task.	25811

(CCC) "Delivered electronically" means delivery of computer	25812
software from the seller to the purchaser by means other than	25813
tangible storage media.	25814

(DDD) "Prewritten computer software" means computer software,	25815
including prewritten upgrades, that is not designed and developed	25816
by the author or other creator to the specifications of a specific	25817
purchaser. The combining of two or more prewritten computer	25818
software programs or prewritten portions thereof does not cause	25819
the combination to be other than prewritten computer software.	25820
"Prewritten computer software" includes software designed and	25821
developed by the author or other creator to the specifications of	25822
a specific purchaser when it is sold to a person other than the	25823
purchaser. If a person modifies or enhances computer software of	25824
which the person is not the author or creator, the person shall be	25825
deemed to be the author or creator only of such person's	25826
modifications or enhancements. Prewritten computer software or a	25827
prewritten portion thereof that is modified or enhanced to any	25828
degree, where such modification or enhancement is designed and	25829
developed to the specifications of a specific purchaser, remains	25830
prewritten computer software; provided, however, that where there	25831
is a reasonable, separately stated charge or an invoice or other	25832
statement of the price given to the purchaser for the modification	25833
or enhancement, the modification or enhancement shall not	25834
constitute prewritten computer software.	25835

(EEE)(1) "Food" means substances, whether in liquid,	25836
concentrated, solid, frozen, dried, or dehydrated form, that are	25837
sold for ingestion or chewing by humans and are consumed for their	25838
taste or nutritional value. "Food" does not include alcoholic	25839
beverages, dietary supplements, soft drinks, or tobacco.	25840

(2) As used in division (EEE)(1) of this section:

25841

(a) "Alcoholic beverages" means beverages that are suitable	25842
for human consumption and contain one-half of one per cent or more	25843
of alcohol by volume.	25844

(b) "Dietary supplements" means any product, other than	25845
tobacco, that is intended to supplement the diet and that is	25846
intended for ingestion in tablet, capsule, powder, softgel,	25847
gelcap, or liquid form, or, if not intended for ingestion in such	25848
a form, is not represented as conventional food for use as a sole	25849
item of a meal or of the diet; that is required to be labeled as a	25850
dietary supplement, identifiable by the "supplement facts" box	25851
found on the label, as required by 21 C.F.R. 101.36; and that	25852
contains one or more of the following dietary ingredients:	25853

(i) A vitamin;

25854

(ii) A mineral;

25855

(iii) An herb or other botanical;

25856

(iv) An amino acid;

25857

(v) A dietary substance for use by humans to supplement the	25858
diet by increasing the total dietary intake;	25859

(vi) A concentrate, metabolite, constituent, extract, or	25860
combination of any ingredient described in divisions	25861
(EEE)(2)(b)(i) to (v) of this section.	25862

(c) "Soft drinks" means nonalcoholic beverages that contain	25863
natural or artificial sweeteners. "Soft drinks" does not include	25864
beverages that contain milk or milk products, soy, rice, or	25865
similar milk substitutes, or that contains greater than fifty per	25866
cent vegetable or fruit juice by volume.	25867

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	25868
tobacco, or any other item that contains tobacco.	25869

(FFF) "Drug" means a compound, substance, or preparation, and	25870
any component of a compound, substance, or preparation, other than	25871
food, dietary supplements, or alcoholic beverages that is	25872
recognized in the official United States pharmacopoeia, official	25873
homeopathic pharmacopoeia of the United States, or official	25874
national formulary, and supplements to them; is intended for use	25875
in the diagnosis, cure, mitigation, treatment, or prevention of	25876
disease; or is intended to affect the structure or any function of	25877
the body.	25878

(GGG) "Prescription" means an order, formula, or recipe	25879
issued in any form of oral, written, electronic, or other means of	25880
transmission by a duly licensed practitioner authorized by the	25881
laws of this state to issue a prescription.	25882

(HHH) "Durable medical equipment" means equipment, including	25883
repair and replacement parts for such equipment, that can	25884
withstand repeated use, is primarily and customarily used to serve	25885
a medical purpose, generally is not useful to a person in the	25886
absence of illness or injury, and is not worn in or on the body.	25887
"Durable medical equipment" does not include mobility enhancing	25888
equipment.	25889

(III) "Mobility enhancing equipment" means equipment,	25890
including repair and replacement parts for such equipment, that is	25891
primarily and customarily used to provide or increase the ability	25892
to move from one place to another and is appropriate for use	25893
either in a home or a motor vehicle, that is not generally used by	25894
persons with normal mobility, and that does not include any motor	25895
vehicle or equipment on a motor vehicle normally provided by a	25896
motor vehicle manufacturer. "Mobility enhancing equipment" does	25897
not include durable medical equipment.	25898

(JJJ) "Prosthetic device" means a replacement, corrective, or	25899
supportive device, including repair and replacement parts for the	25900
device, worn on or in the human body to artificially replace a	25901
missing portion of the body, prevent or correct physical deformity	25902
or malfunction, or support a weak or deformed portion of the body.	25903
As used in this division, "prosthetic device" does not include	25904
corrective eyeglasses, contact lenses, or dental prosthesis.	25905

(KKK)(1) "Fractional aircraft ownership program" means a	25906
program in which persons within an affiliated group sell and	25907
manage fractional ownership program aircraft, provided that at	25908
least one hundred airworthy aircraft are operated in the program	25909
and the program meets all of the following criteria:	25910

(a) Management services are provided by at least one program	25911
manager within an affiliated group on behalf of the fractional	25912
owners.	25913

(b) Each program aircraft is owned or possessed by at least	25914
one fractional owner.	25915

(c) Each fractional owner owns or possesses at least a	25916
one-sixteenth interest in at least one fixed-wing program	25917
aircraft.	25918

(d) A dry-lease aircraft interchange arrangement is in	25919
effect among all of the fractional owners.	25920

(e) Multi-year program agreements are in effect regarding the	25921
fractional ownership, management services, and dry-lease aircraft	25922
interchange arrangement aspects of the program.	25923

(2) As used in division (KKK)(1) of this section:

25924

(a) "Affiliated group" has the same meaning as in division	25925
(B)(3)(e) of this section.	25926

(b) "Fractional owner" means a person that owns or possesses	25927
at least a one-sixteenth interest in a program aircraft and has	25928
entered into the agreements described in division (KKK)(1)(e) of	25929
this section.	25930

(c) "Fractional ownership program aircraft" or "program	25931
aircraft" means a turbojet aircraft that is owned or possessed by	25932
a fractional owner and that has been included in a dry-lease	25933
aircraft interchange arrangement and agreement under divisions	25934
(KKK)(1)(d) and (e) of this section, or an aircraft a program	25935
manager owns or possesses primarily for use in a fractional	25936
aircraft ownership program.	25937

(d) "Management services" means administrative and aviation	25938
support services furnished under a fractional aircraft ownership	25939
program in accordance with a management services agreement under	25940
division (KKK)(1)(e) of this section, and offered by the program	25941
manager to the fractional owners, including, at a minimum, the	25942
establishment and implementation of safety guidelines; the	25943
coordination of the scheduling of the program aircraft and crews;	25944
program aircraft maintenance; program aircraft insurance; crew	25945
training for crews employed, furnished, or contracted by the	25946
program manager or the fractional owner; the satisfaction of	25947
record-keeping requirements; and the development and use of an	25948
operations manual and a maintenance manual for the fractional	25949
aircraft ownership program.	25950

(e) "Program manager" means the person that offers management	25951
services to fractional owners pursuant to a management services	25952
agreement under division (KKK)(1)(e) of this section.	25953

(LLL) "Electronic publishing" means providing access to one	25954
or more of the following primarily for business customers,	25955
including the federal government or a state government or a	25956
political subdivision thereof, to conduct research: news;	25957
business, financial, legal, consumer, or credit materials;	25958
editorials, columns, reader commentary, or features; photos or	25959
images; archival or research material; legal notices, identity	25960
verification, or public records; scientific, educational,	25961
instructional, technical, professional, trade, or other literary	25962
materials; or other similar information which has been gathered	25963
and made available by the provider to the consumer in an	25964
electronic format. Providing electronic publishing includes the	25965
functions necessary for the acquisition, formatting, editing,	25966
storage, and dissemination of data or information that is the	25967
subject of a sale.	25968

Sec. 5739.02. For the purpose of providing revenue with	25969
which to meet the needs of the state, for the use of the general	25970
revenue fund of the state, for the purpose of securing a thorough	25971
and efficient system of common schools throughout the state, for	25972
the purpose of affording revenues, in addition to those from	25973
general property taxes, permitted under constitutional	25974
limitations, and from other sources, for the support of local	25975
governmental functions, and for the purpose of reimbursing the	25976
state for the expense of administering this chapter, an excise tax	25977
is hereby levied on each retail sale made in this state.	25978

(A)(1) The tax shall be collected as provided in section	25979
5739.025 of the Revised Code~~, provided that on and after July 1,~~	25980
~~2003, and on or before June 30, 2005, the rate of tax shall be six~~	25981
~~per cent. On and after July 1, 2005, the~~. The rate of the tax	25982
shall be five and one-half per cent. The tax applies and is	25983
collectible when the sale is made, regardless of the time when	25984
the price is paid or delivered.	25985

(2) In the case of the lease or rental, with a fixed term of	25986
more than thirty days or an indefinite term with a minimum period	25987
of more than thirty days, of any motor vehicles designed by the	25988
manufacturer to carry a load of not more than one ton, watercraft,	25989
outboard motor, or aircraft, or of any tangible personal property,	25990
other than motor vehicles designed by the manufacturer to carry a	25991
load of more than one ton, to be used by the lessee or renter	25992
primarily for business purposes, the tax shall be collected by the	25993
vendor at the time the lease or rental is consummated and shall be	25994
calculated by the vendor on the basis of the total amount to be	25995
paid by the lessee or renter under the lease agreement. If the	25996
total amount of the consideration for the lease or rental includes	25997
amounts that are not calculated at the time the lease or rental is	25998
executed, the tax shall be calculated and collected by the vendor	25999
at the time such amounts are billed to the lessee or renter. In	26000
the case of an open-end lease or rental, the tax shall be	26001
calculated by the vendor on the basis of the total amount to be	26002
paid during the initial fixed term of the lease or rental, and for	26003
each subsequent renewal period as it comes due. As used in this	26004
division, "motor vehicle" has the same meaning as in section	26005
4501.01 of the Revised Code, and "watercraft" includes an outdrive	26006
unit attached to the watercraft.	26007

A lease with a renewal clause and a termination penalty or	26008
similar provision that applies if the renewal clause is not	26009
exercised is presumed to be a sham transaction. In such a case,	26010
the tax shall be calculated and paid on the basis of the entire	26011
length of the lease period, including any renewal periods, until	26012
the termination penalty or similar provision no longer applies.	26013
The taxpayer shall bear the burden, by a preponderance of the	26014
evidence, that the transaction or series of transactions is not a	26015
sham transaction.	26016

(3) Except as provided in division (A)(2) of this section, in	26017
the case of a sale, the price of which consists in whole or in	26018
part of the lease or rental of tangible personal property, the tax	26019
shall be measured by the installments of that lease or rental.	26020

(4) In the case of a sale of a physical fitness facility	26021
service or recreation and sports club service, the price of which	26022
consists in whole or in part of a membership for the receipt of	26023
the benefit of the service, the tax applicable to the sale shall	26024
be measured by the installments thereof.	26025

(B) The tax does not apply to the following:

26026

(1) Sales to the state or any of its political subdivisions,	26027
or to any other state or its political subdivisions if the laws of	26028
that state exempt from taxation sales made to this state and its	26029
political subdivisions;	26030

(2) Sales of food for human consumption off the premises	26031
where sold;	26032

(3) Sales of food sold to students only in a cafeteria,	26033
dormitory, fraternity, or sorority maintained in a private,	26034
public, or parochial school, college, or university;	26035

(4) Sales of newspapers and of magazine subscriptions and	26036
sales or transfers of magazines distributed as controlled	26037
circulation publications;	26038

(5) The furnishing, preparing, or serving of meals without	26039
charge by an employer to an employee provided the employer records	26040
the meals as part compensation for services performed or work	26041
done;	26042

(6) Sales of motor fuel upon receipt, use, distribution, or	26043
sale of which in this state a tax is imposed by the law of this	26044
state, but this exemption shall not apply to the sale of motor	26045
fuel on which a refund of the tax is allowable under division (A)	26046
of section 5735.14 of the Revised Code; and the tax commissioner	26047
may deduct the amount of tax levied by this section applicable to	26048
the price of motor fuel when granting a refund of motor fuel tax	26049
pursuant to division (A) of section 5735.14 of the Revised Code	26050
and shall cause the amount deducted to be paid into the general	26051
revenue fund of this state;	26052

(7) Sales of natural gas by a natural gas company, of water	26053
by a water-works company, or of steam by a heating company, if in	26054
each case the thing sold is delivered to consumers through pipes	26055
or conduits, and all sales of communications services by a	26056
telegraph company, all terms as defined in section 5727.01 of the	26057
Revised Code, and sales of electricity delivered through wires;	26058

(8) Casual sales by a person, or auctioneer employed directly	26059
by the person to conduct such sales, except as to such sales of	26060
motor vehicles, watercraft or outboard motors required to be	26061
titled under section 1548.06 of the Revised Code, watercraft	26062
documented with the United States coast guard, snowmobiles, and	26063
all-purpose vehicles as defined in section 4519.01 of the Revised	26064
Code;	26065

(9)(a) Sales of services or tangible personal property, other	26066
than motor vehicles, mobile homes, and manufactured homes, by	26067
churches, organizations exempt from taxation under section	26068
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	26069
organizations operated exclusively for charitable purposes as	26070
defined in division (B)(12) of this section, provided that the	26071
number of days on which such tangible personal property or	26072
services, other than items never subject to the tax, are sold does	26073
not exceed six in any calendar year, except as otherwise provided	26074
in division (B)(9)(b) of this section. If the number of days on	26075
which such sales are made exceeds six in any calendar year, the	26076
church or organization shall be considered to be engaged in	26077
business and all subsequent sales by it shall be subject to the	26078
tax. In counting the number of days, all sales by groups within a	26079
church or within an organization shall be considered to be sales	26080
of that church or organization.	26081

(b) The limitation on the number of days on which tax-exempt	26082
sales may be made by a church or organization under division	26083
(B)(9)(a) of this section does not apply to sales made by student	26084
clubs and other groups of students of a primary or secondary	26085
school, or a parent-teacher association, booster group, or similar	26086
organization that raises money to support or fund curricular or	26087
extracurricular activities of a primary or secondary school.	26088

(c) Divisions (B)(9)(a) and (b) of this section do not apply	26089
to sales by a noncommercial educational radio or television	26090
broadcasting station.	26091

(10) Sales not within the taxing power of this state under	26092
the Constitution of the United States;	26093

(11) Except for transactions that are sales under division	26094
(B)(3)(r) of section 5739.01 of the Revised Code, the	26095
transportation of persons or property, unless the transportation	26096
is by a private investigation and security service;	26097

(12) Sales of tangible personal property or services to	26098
churches, to organizations exempt from taxation under section	26099
501(c)(3) of the Internal Revenue Code of 1986, and to any other	26100
nonprofit organizations operated exclusively for charitable	26101
purposes in this state, no part of the net income of which inures	26102
to the benefit of any private shareholder or individual, and no	26103
substantial part of the activities of which consists of carrying	26104
on propaganda or otherwise attempting to influence legislation;	26105
sales to offices administering one or more homes for the aged or	26106
one or more hospital facilities exempt under section 140.08 of the	26107
Revised Code; and sales to organizations described in division (D)	26108
of section 5709.12 of the Revised Code.	26109

"Charitable purposes" means the relief of poverty; the	26110
improvement of health through the alleviation of illness, disease,	26111
or injury; the operation of an organization exclusively for the	26112
provision of professional, laundry, printing, and purchasing	26113
services to hospitals or charitable institutions; the operation of	26114
a home for the aged, as defined in section 5701.13 of the Revised	26115
Code; the operation of a radio or television broadcasting station	26116
that is licensed by the federal communications commission as a	26117
noncommercial educational radio or television station; the	26118
operation of a nonprofit animal adoption service or a county	26119
humane society; the promotion of education by an institution of	26120
learning that maintains a faculty of qualified instructors,	26121
teaches regular continuous courses of study, and confers a	26122
recognized diploma upon completion of a specific curriculum; the	26123
operation of a parent-teacher association, booster group, or	26124
similar organization primarily engaged in the promotion and	26125
support of the curricular or extracurricular activities of a	26126
primary or secondary school; the operation of a community or area	26127
center in which presentations in music, dramatics, the arts, and	26128
related fields are made in order to foster public interest and	26129
education therein; the production of performances in music,	26130
dramatics, and the arts; or the promotion of education by an	26131
organization engaged in carrying on research in, or the	26132
dissemination of, scientific and technological knowledge and	26133
information primarily for the public.	26134

Nothing in this division shall be deemed to exempt sales to	26135
any organization for use in the operation or carrying on of a	26136
trade or business, or sales to a home for the aged for use in the	26137
operation of independent living facilities as defined in division	26138
(A) of section 5709.12 of the Revised Code.	26139

(13) Building and construction materials and services sold to	26140
construction contractors for incorporation into a structure or	26141
improvement to real property under a construction contract with	26142
this state or a political subdivision of this state, or with the	26143
United States government or any of its agencies; building and	26144
construction materials and services sold to construction	26145
contractors for incorporation into a structure or improvement to	26146
real property that are accepted for ownership by this state or any	26147
of its political subdivisions, or by the United States government	26148
or any of its agencies at the time of completion of the structures	26149
or improvements; building and construction materials sold to	26150
construction contractors for incorporation into a horticulture	26151
structure or livestock structure for a person engaged in the	26152
business of horticulture or producing livestock; building	26153
materials and services sold to a construction contractor for	26154
incorporation into a house of public worship or religious	26155
education, or a building used exclusively for charitable purposes	26156
under a construction contract with an organization whose purpose	26157
is as described in division (B)(12) of this section; building	26158
materials and services sold to a construction contractor for	26159
incorporation into a building under a construction contract with	26160
an organization exempt from taxation under section 501(c)(3) of	26161
the Internal Revenue Code of 1986 when the building is to be used	26162
exclusively for the organization's exempt purposes; building and	26163
construction materials sold for incorporation into the original	26164
construction of a sports facility under section 307.696 of the	26165
Revised Code; and building and construction materials and services	26166
sold to a construction contractor for incorporation into real	26167
property outside this state if such materials and services, when	26168
sold to a construction contractor in the state in which the real	26169
property is located for incorporation into real property in that	26170
state, would be exempt from a tax on sales levied by that state;	26171

(14) Sales of ships or vessels or rail rolling stock used or	26172
to be used principally in interstate or foreign commerce, and	26173
repairs, alterations, fuel, and lubricants for such ships or	26174
vessels or rail rolling stock;	26175

(15) Sales to persons primarily engaged in any of the	26176
activities mentioned in division (B)(42)(a) or (g) of this	26177
section, to persons engaged in making retail sales, or to persons	26178
who purchase for sale from a manufacturer tangible personal	26179
property that was produced by the manufacturer in accordance with	26180
specific designs provided by the purchaser, of packages, including	26181
material, labels, and parts for packages, and of machinery,	26182
equipment, and material for use primarily in packaging tangible	26183
personal property produced for sale, including any machinery,	26184
equipment, and supplies used to make labels or packages, to	26185
prepare packages or products for labeling, or to label packages or	26186
products, by or on the order of the person doing the packaging, or	26187
sold at retail. "Packages" includes bags, baskets, cartons,	26188
crates, boxes, cans, bottles, bindings, wrappings, and other	26189
similar devices and containers, but does not include motor	26190
vehicles or bulk tanks, trailers, or similar devices attached to	26191
motor vehicles. "Packaging" means placing in a package. Division	26192
(B)(15) of this section does not apply to persons engaged in	26193
highway transportation for hire.	26194

(16) Sales of food to persons using food stamp benefits to	26195
purchase the food. As used in this division, "food" has the same	26196
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	26197
2012, as amended, and federal regulations adopted pursuant to that	26198
act.	26199

(17) Sales to persons engaged in farming, agriculture,	26200
horticulture, or floriculture, of tangible personal property for	26201
use or consumption directly in the production by farming,	26202
agriculture, horticulture, or floriculture of other tangible	26203
personal property for use or consumption directly in the	26204
production of tangible personal property for sale by farming,	26205
agriculture, horticulture, or floriculture; or material and parts	26206
for incorporation into any such tangible personal property for use	26207
or consumption in production; and of tangible personal property	26208
for such use or consumption in the conditioning or holding of	26209
products produced by and for such use, consumption, or sale by	26210
persons engaged in farming, agriculture, horticulture, or	26211
floriculture, except where such property is incorporated into real	26212
property;	26213

(18) Sales of drugs for a human being that may be dispensed	26214
only pursuant to a prescription; insulin as recognized in the	26215
official United States pharmacopoeia; urine and blood testing	26216
materials when used by diabetics or persons with hypoglycemia to	26217
test for glucose or acetone; hypodermic syringes and needles when	26218
used by diabetics for insulin injections; epoetin alfa when	26219
purchased for use in the treatment of persons with medical	26220
disease; hospital beds when purchased by hospitals, nursing homes,	26221
or other medical facilities; and medical oxygen and medical	26222
oxygen-dispensing equipment when purchased by hospitals, nursing	26223
homes, or other medical facilities;	26224

(19) Sales of prosthetic devices, durable medical equipment	26225
for home use, or mobility enhancing equipment, when made pursuant	26226
to a prescription and when such devices or equipment are for use	26227
by a human being.	26228

(20) Sales of emergency and fire protection vehicles and	26229
equipment to nonprofit organizations for use solely in providing	26230
fire protection and emergency services, including trauma care and	26231
emergency medical services, for political subdivisions of the	26232
state;	26233

(21) Sales of tangible personal property manufactured in this	26234
state, if sold by the manufacturer in this state to a retailer for	26235
use in the retail business of the retailer outside of this state	26236
and if possession is taken from the manufacturer by the purchaser	26237
within this state for the sole purpose of immediately removing the	26238
same from this state in a vehicle owned by the purchaser;	26239

(22) Sales of services provided by the state or any of its	26240
political subdivisions, agencies, instrumentalities, institutions,	26241
or authorities, or by governmental entities of the state or any of	26242
its political subdivisions, agencies, instrumentalities,	26243
institutions, or authorities;	26244

(23) Sales of motor vehicles to nonresidents of this state	26245
under the circumstances described in division (B) of section	26246
5739.029 of the Revised Code;	26247

(24) Sales to persons engaged in the preparation of eggs for	26248
sale of tangible personal property used or consumed directly in	26249
such preparation, including such tangible personal property used	26250
for cleaning, sanitizing, preserving, grading, sorting, and	26251
classifying by size; packages, including material and parts for	26252
packages, and machinery, equipment, and material for use in	26253
packaging eggs for sale; and handling and transportation equipment	26254
and parts therefor, except motor vehicles licensed to operate on	26255
public highways, used in intraplant or interplant transfers or	26256
shipment of eggs in the process of preparation for sale, when the	26257
plant or plants within or between which such transfers or	26258
shipments occur are operated by the same person. "Packages"	26259
includes containers, cases, baskets, flats, fillers, filler flats,	26260
cartons, closure materials, labels, and labeling materials, and	26261
"packaging" means placing therein.	26262

(25)(a) Sales of water to a consumer for residential use,	26263
except the sale of bottled water, distilled water, mineral water,	26264
carbonated water, or ice;	26265

(b) Sales of water by a nonprofit corporation engaged	26266
exclusively in the treatment, distribution, and sale of water to	26267
consumers, if such water is delivered to consumers through pipes	26268
or tubing.	26269

(26) Fees charged for inspection or reinspection of motor	26270
vehicles under section 3704.14 of the Revised Code;	26271

(27) Sales to persons licensed to conduct a food service	26272
operation pursuant to section 3717.43 of the Revised Code, of	26273
tangible personal property primarily used directly for the	26274
following:	26275

(a) To prepare food for human consumption for sale;

26276

(b) To preserve food that has been or will be prepared for	26277
human consumption for sale by the food service operator, not	26278
including tangible personal property used to display food for	26279
selection by the consumer;	26280

(c) To clean tangible personal property used to prepare or	26281
serve food for human consumption for sale.	26282

(28) Sales of animals by nonprofit animal adoption services	26283
or county humane societies;	26284

(29) Sales of services to a corporation described in division	26285
(A) of section 5709.72 of the Revised Code, and sales of tangible	26286
personal property that qualifies for exemption from taxation under	26287
section 5709.72 of the Revised Code;	26288

(30) Sales and installation of agricultural land tile, as	26289
defined in division (B)(5)(a) of section 5739.01 of the Revised	26290
Code;	26291

(31) Sales and erection or installation of portable grain	26292
bins, as defined in division (B)(5)(b) of section 5739.01 of the	26293
Revised Code;	26294

(32) The sale, lease, repair, and maintenance of, parts for,	26295
or items attached to or incorporated in, motor vehicles that are	26296
primarily used for transporting tangible personal property	26297
belonging to others by a person engaged in highway transportation	26298
for hire, except for packages and packaging used for the	26299
transportation of tangible personal property;	26300

(33) Sales to the state headquarters of any veterans'	26301
organization in this state that is either incorporated and issued	26302
a charter by the congress of the United States or is recognized by	26303
the United States veterans administration, for use by the	26304
headquarters;	26305

(34) Sales to a telecommunications service vendor, mobile	26306
telecommunications service vendor, or satellite broadcasting	26307
service vendor of tangible personal property and services used	26308
directly and primarily in transmitting, receiving, switching, or	26309
recording any interactive, one- or two-way electromagnetic	26310
communications, including voice, image, data, and information,	26311
through the use of any medium, including, but not limited to,	26312
poles, wires, cables, switching equipment, computers, and record	26313
storage devices and media, and component parts for the tangible	26314
personal property. The exemption provided in this division shall	26315
be in lieu of all other exemptions under division (B)(42)(a) of	26316
this section to which the vendor may otherwise be entitled, based	26317
upon the use of the thing purchased in providing the	26318
telecommunications, mobile telecommunications, or satellite	26319
broadcasting service.	26320

(35)(a) Sales where the purpose of the consumer is to use or	26321
consume the things transferred in making retail sales and	26322
consisting of newspaper inserts, catalogues, coupons, flyers, gift	26323
certificates, or other advertising material that prices and	26324
describes tangible personal property offered for retail sale.	26325

(b) Sales to direct marketing vendors of preliminary	26326
materials such as photographs, artwork, and typesetting that will	26327
be used in printing advertising material; of printed matter that	26328
offers free merchandise or chances to win sweepstake prizes and	26329
that is mailed to potential customers with advertising material	26330
described in division (B)(35)(a) of this section; and of equipment	26331
such as telephones, computers, facsimile machines, and similar	26332
tangible personal property primarily used to accept orders for	26333
direct marketing retail sales.	26334

(c) Sales of automatic food vending machines that preserve	26335
food with a shelf life of forty-five days or less by refrigeration	26336
and dispense it to the consumer.	26337

For purposes of division (B)(35) of this section, "direct	26338
marketing" means the method of selling where consumers order	26339
tangible personal property by United States mail, delivery	26340
service, or telecommunication and the vendor delivers or ships the	26341
tangible personal property sold to the consumer from a warehouse,	26342
catalogue distribution center, or similar fulfillment facility by	26343
means of the United States mail, delivery service, or common	26344
carrier.	26345

(36) Sales to a person engaged in the business of	26346
horticulture or producing livestock of materials to be	26347
incorporated into a horticulture structure or livestock structure;	26348

(37) Sales of personal computers, computer monitors, computer	26349
keyboards, modems, and other peripheral computer equipment to an	26350
individual who is licensed or certified to teach in an elementary	26351
or a secondary school in this state for use by that individual in	26352
preparation for teaching elementary or secondary school students;	26353

(38) Sales to a professional racing team of any of the	26354
following:	26355

(a) Motor racing vehicles;

26356

(b) Repair services for motor racing vehicles;

26357

(c) Items of property that are attached to or incorporated in	26358
motor racing vehicles, including engines, chassis, and all other	26359
components of the vehicles, and all spare, replacement, and	26360
rebuilt parts or components of the vehicles; except not including	26361
tires, consumable fluids, paint, and accessories consisting of	26362
instrumentation sensors and related items added to the vehicle to	26363
collect and transmit data by means of telemetry and other forms of	26364
communication.	26365

(39) Sales of used manufactured homes and used mobile homes,	26366
as defined in section 5739.0210 of the Revised Code, made on or	26367
after January 1, 2000;	26368

(40) Sales of tangible personal property and services to a	26369
provider of electricity used or consumed directly and primarily in	26370
generating, transmitting, or distributing electricity for use by	26371
others, including property that is or is to be incorporated into	26372
and will become a part of the consumer's production, transmission,	26373
or distribution system and that retains its classification as	26374
tangible personal property after incorporation; fuel or power used	26375
in the production, transmission, or distribution of electricity;	26376
and tangible personal property and services used in the repair and	26377
maintenance of the production, transmission, or distribution	26378
system, including only those motor vehicles as are specially	26379
designed and equipped for such use. The exemption provided in this	26380
division shall be in lieu of all other exemptions in division	26381
(B)(42)(a) of this section to which a provider of electricity may	26382
otherwise be entitled based on the use of the tangible personal	26383
property or service purchased in generating, transmitting, or	26384
distributing electricity.	26385

(41) Sales to a person providing services under division	26386
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	26387
personal property and services used directly and primarily in	26388
providing taxable services under that section.	26389

(42) Sales where the purpose of the purchaser is to do any of	26390
the following:	26391

(a) To incorporate the thing transferred as a material or a	26392
part into tangible personal property to be produced for sale by	26393
manufacturing, assembling, processing, or refining; or to use or	26394
consume the thing transferred directly in producing tangible	26395
personal property for sale by mining, including, without	26396
limitation, the extraction from the earth of all substances that	26397
are classed geologically as minerals, production of crude oil and	26398
natural gas, farming, agriculture, horticulture, or floriculture,	26399
or directly in the rendition of a public utility service, except	26400
that the sales tax levied by this section shall be collected upon	26401
all meals, drinks, and food for human consumption sold when	26402
transporting persons. Persons engaged in rendering farming,	26403
agricultural, horticultural, or floricultural services, and	26404
services in the exploration for, and production of, crude oil and	26405
natural gas, for others are deemed engaged directly in farming,	26406
agriculture, horticulture, and floriculture, or exploration for,	26407
and production of, crude oil and natural gas. This paragraph does	26408
not exempt from "retail sale" or "sales at retail" the sale of	26409
tangible personal property that is to be incorporated into a	26410
structure or improvement to real property.	26411

(b) To hold the thing transferred as security for the	26412
performance of an obligation of the vendor;	26413

(c) To resell, hold, use, or consume the thing transferred as	26414
evidence of a contract of insurance;	26415

(d) To use or consume the thing directly in commercial	26416
fishing;	26417

(e) To incorporate the thing transferred as a material or a	26418
part into, or to use or consume the thing transferred directly in	26419
the production of, magazines distributed as controlled circulation	26420
publications;	26421

(f) To use or consume the thing transferred in the production	26422
and preparation in suitable condition for market and sale of	26423
printed, imprinted, overprinted, lithographic, multilithic,	26424
blueprinted, photostatic, or other productions or reproductions of	26425
written or graphic matter;	26426

(g) To use the thing transferred, as described in section	26427
5739.011 of the Revised Code, primarily in a manufacturing	26428
operation to produce tangible personal property for sale;	26429

(h) To use the benefit of a warranty, maintenance or service	26430
contract, or similar agreement, as described in division (B)(7) of	26431
section 5739.01 of the Revised Code, to repair or maintain	26432
tangible personal property, if all of the property that is the	26433
subject of the warranty, contract, or agreement would not be	26434
subject to the tax imposed by this section;	26435

(i) To use the thing transferred as qualified research and	26436
development equipment;	26437

(j) To use or consume the thing transferred primarily in	26438
storing, transporting, mailing, or otherwise handling purchased	26439
sales inventory in a warehouse, distribution center, or similar	26440
facility when the inventory is primarily distributed outside this	26441
state to retail stores of the person who owns or controls the	26442
warehouse, distribution center, or similar facility, to retail	26443
stores of an affiliated group of which that person is a member, or	26444
by means of direct marketing. This division does not apply to	26445
motor vehicles registered for operation on the public highways. As	26446
used in this division, "affiliated group" has the same meaning as	26447
in division (B)(3)(e) of section 5739.01 of the Revised Code and	26448
"direct marketing" has the same meaning as in division (B)(35) of	26449
this section.	26450

(k) To use or consume the thing transferred to fulfill a	26451
contractual obligation incurred by a warrantor pursuant to a	26452
warranty provided as a part of the price of the tangible personal	26453
property sold or by a vendor of a warranty, maintenance or service	26454
contract, or similar agreement the provision of which is defined	26455
as a sale under division (B)(7) of section 5739.01 of the Revised	26456
Code;	26457

(l) To use or consume the thing transferred in the production	26458
of a newspaper for distribution to the public;	26459

(m) To use tangible personal property to perform a service	26460
listed in division (B)(3) of section 5739.01 of the Revised Code,	26461
if the property is or is to be permanently transferred to the	26462
consumer of the service as an integral part of the performance of	26463
the service.;	26464

(n) To use or consume the thing transferred in acquiring,	26465
formatting, editing, storing, and disseminating data or	26466
information by electronic publishing.	26467

As used in division (B)(42) of this section, "thing" includes	26468
all transactions included in divisions (B)(3)(a), (b), and (e) of	26469
section 5739.01 of the Revised Code.	26470

(43) Sales conducted through a coin operated device that	26471
activates vacuum equipment or equipment that dispenses water,	26472
whether or not in combination with soap or other cleaning agents	26473
or wax, to the consumer for the consumer's use on the premises in	26474
washing, cleaning, or waxing a motor vehicle, provided no other	26475
personal property or personal service is provided as part of the	26476
transaction.	26477

(44) Sales of replacement and modification parts for engines,	26478
airframes, instruments, and interiors in, and paint for, aircraft	26479
used primarily in a fractional aircraft ownership program, and	26480
sales of services for the repair, modification, and maintenance of	26481
such aircraft, and machinery, equipment, and supplies primarily	26482
used to provide those services.	26483

(45) Sales of telecommunications service that is used	26484
directly and primarily to perform the functions of a call center.	26485
As used in this division, "call center" means any physical	26486
location where telephone calls are placed or received in high	26487
volume for the purpose of making sales, marketing, customer	26488
service, technical support, or other specialized business	26489
activity, and that employs at least fifty individuals that engage	26490
in call center activities on a full-time basis, or sufficient	26491
individuals to fill fifty full-time equivalent positions.	26492

(46) Sales by a telecommunications service vendor of 900	26493
service to a subscriber. This division does not apply to	26494
information services, as defined in division (FF) of section	26495
5739.01 of the Revised Code.	26496

(47) Sales of value-added non-voice data service. This	26497
division does not apply to any similar service that is not	26498
otherwise a telecommunications service.	26499

(48)(a) Sales of machinery, equipment, and software to a	26500
qualified direct selling entity for use in a warehouse or	26501
distribution center primarily for storing, transporting, or	26502
otherwise handling inventory that is held for sale to independent	26503
salespersons who operate as direct sellers and that is held	26504
primarily for distribution outside this state;	26505

(b) As used in division (B)(48)(a) of this section:

26506

(i) "Direct seller" means a person selling consumer products	26507
to individuals for personal or household use and not from a fixed	26508
retail location, including selling such product at in-home product	26509
demonstrations, parties, and other one-on-one selling.	26510

(ii) "Qualified direct selling entity" means an entity	26511
selling to direct sellers at the time the entity enters into a tax	26512
credit agreement with the tax credit authority pursuant to section	26513
122.17 of the Revised Code, provided that the agreement was	26514
entered into on or after January 1, 2007. Neither contingencies	26515
relevant to the granting of, nor later developments with respect	26516
to, the tax credit shall impair the status of the qualified direct	26517
selling entity under division (B)(48) of this section after	26518
execution of the tax credit agreement by the tax credit authority.	26519

(c) Division (B)(48) of this section is limited to machinery,	26520
equipment, and software first stored, used, or consumed in this	26521
state within the period commencing with the effective date of the	26522
amendment of this section by the capital appropriations act of the	26523
127th general assembly and ending on the date that is five years	26524
after that effective date.	26525

(49) Sales of materials, parts, equipment, or engines used	26526
in the repair or maintenance of aircraft or avionics systems of	26527
such aircraft, and sales of repair, remodeling, replacement, or	26528
maintenance services at a federal aviation administration	26529
certified repair station in this state performed on aircraft or	26530
on an aircraft's avionics, engine, or component materials or	26531
parts. As used in division (B)(49) of this section, "aircraft"	26532
means aircraft of more than six thousand pounds maximum certified	26533
takeoff weight or used exclusively in general aviation.	26534

(50) Sales of full flight simulators that are used for pilot	26535
or flight-crew training, sales of repair or replacement parts or	26536
components, and sales of repair or maintenance services for such	26537
full flight simulators. "Full flight simulator" means a replica	26538
of a specific type, or make, model, and series of aircraft	26539
cockpit. It includes the assemblage of equipment and computer	26540
programs necessary to represent aircraft operations in ground and	26541
flight conditions, a visual system providing an	26542
out-of-the-cockpit view, and a system that provides cues at	26543
least equivalent to those of a three-degree-of-freedom motion	26544
system, and has the full range of capabilities of the systems	26545
installed in the device as described in appendices A and B of	26546
part 60 of chapter 1 of title 14 of the Code of Federal	26547
Regulations.	26548

(C) For the purpose of the proper administration of this	26549
chapter, and to prevent the evasion of the tax, it is presumed	26550
that all sales made in this state are subject to the tax until the	26551
contrary is established.	26552

(D) The levy of this tax on retail sales of recreation and	26553
sports club service shall not prevent a municipal corporation from	26554
levying any tax on recreation and sports club dues or on any	26555
income generated by recreation and sports club dues.	26556

(E) The tax collected by the vendor from the consumer under	26557
this chapter is not part of the price, but is a tax collection for	26558
the benefit of the state, and of counties levying an additional	26559
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	26560
Code and of transit authorities levying an additional sales tax	26561
pursuant to section 5739.023 of the Revised Code. Except for the	26562
discount authorized under section 5739.12 of the Revised Code and	26563
the effects of any rounding pursuant to section 5703.055 of the	26564
Revised Code, no person other than the state or such a county or	26565
transit authority shall derive any benefit from the collection or	26566
payment of the tax levied by this section or section 5739.021,	26567
5739.023, or 5739.026 of the Revised Code.	26568

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	26569
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	26570
5741.023 of the Revised Code, and except as otherwise provided in	26571
division (B) of this section, the tax due under this chapter on	26572
the sale of a motor vehicle required to be titled under Chapter	26573
4505. of the Revised Code by a motor vehicle dealer to a consumer	26574
that is a nonresident of this state shall be the lesser of the	26575
amount of tax that would be due under this chapter and Chapter	26576
5741. of the Revised Code if the total combined rate were six per	26577
cent, or the amount of tax that would be due, to the state in	26578
which the consumer titles or registers the motor vehicle or to	26579
which the consumer removes the vehicle for use.	26580

(B) No tax is due under this section, any other section of	26581
this chapter, or Chapter 5741. of the Revised Code under any of	26582
the following circumstances:	26583

(1)(a) The consumer intends to immediately remove the motor	26584
vehicle from this state for use outside this state;	26585

(b) Upon removal of the motor vehicle from this state, the	26586
consumer intends to title or register the vehicle in another state	26587
if such titling or registration is required;	26588

(c) The consumer executes an affidavit as required under	26589
division (C) of this section affirming the consumer's intentions	26590
under divisions (B)(1)(a) and (b) of this section; and	26591

(d) The state in which the consumer titles or registers the	26592
motor vehicle or to which the consumer removes the vehicle for use	26593
provides an exemption under circumstances substantially similar to	26594
those described in division (B)(1) of this section.	26595

(2) The state in which the consumer titles or registers the	26596
motor vehicle or to which the consumer removes the vehicle for use	26597
does not provide a credit against its sales or use tax or similar	26598
excise tax for sales or use tax paid to this state.	26599

(3) The state in which the consumer titles or registers the	26600
motor vehicle or to which the consumer removes the vehicle for use	26601
does not impose a sales or use tax or similar excise tax on the	26602
ownership or use of motor vehicles.	26603

(C) Any nonresident consumer that purchases a motor vehicle	26604
from a motor vehicle dealer in this state under the circumstances	26605
described in divisions (B)(1)(a) and (b) of this section shall	26606
execute an affidavit affirming the intentions described in those	26607
divisions. The affidavit shall be executed in triplicate and in	26608
the form specified by the tax commissioner. The affidavit shall be	26609
given to the motor vehicle dealer.	26610

A motor vehicle dealer that accepts in good faith an	26611
affidavit presented under this division by a nonresident consumer	26612
may rely upon the representations made in the affidavit.	26613

(D) A motor vehicle dealer making a sale subject to the tax	26614
under division (A) of this section shall collect the tax due	26615
unless the sale is subject to the exception under division (B) of	26616
this section or unless the sale is not otherwise subject to taxes	26617
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	26618
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	26619
the case of a sale under the circumstances described in division	26620
(B)(1) of this section, the dealer shall retain one copy of the	26621
affidavit and file the original and the other copy with the clerk	26622
of the court of common pleas. If tax is due under division (A) of	26623
this section, the dealer shall remit the tax collected to the	26624
clerk at the time the dealer obtains the Ohio certificate of title	26625
in the name of the consumer as required under section 4505.06 of	26626
the Revised Code. The clerk shall forward the original affidavit	26627
to the tax commissioner in the manner prescribed by the	26628
commissioner.	26629

Unless a sale is excepted from taxation under division (B) of	26630
this section, upon receipt of an application for certificate of	26631
title a clerk of the court of common pleas shall collect the sales	26632
tax due under division (A) of this section. The clerk shall remit	26633
the tax collected to the tax commissioner in the manner prescribed	26634
by the commissioner.	26635

(E) If a motor vehicle is purchased by a corporation	26636
described in division (B)(6) of section 5739.01 of the Revised	26637
Code, the state of residence of the consumer for the purposes of	26638
this section is the state of residence of the corporation's	26639
principal shareholder.	26640

(F) Any provision of this chapter or of Chapter 5741. of the	26641
Revised Code that is not inconsistent with this section applies to	26642
sales described in division (A) of this section.	26643

(G) As used in this section:

26644

(1) For the purposes of this section only, the sale or	26645
purchase of a motor vehicle does not include a lease or rental of	26646
a motor vehicle subject to division (A)(2) or (3) of section	26647
5739.02 or division (A)(2) or (3) of section 5741.02 of the	26648
Revised Code;	26649

(2) "State," except in reference to "this state," means any	26650
state, district, commonwealth, or territory of the United States	26651
and any province of Canada.	26652

Sec. 5739.09. (A)(1) A board of county commissioners may, by	26653
resolution adopted by a majority of the members of the board, levy	26654
an excise tax not to exceed three per cent on transactions by	26655
which lodging by a hotel is or is to be furnished to transient	26656
guests. The board shall establish all regulations necessary to	26657
provide for the administration and allocation of the tax. The	26658
regulations may prescribe the time for payment of the tax, and may	26659
provide for the imposition of a penalty or interest, or both, for	26660
late payments, provided that the penalty does not exceed ten per	26661
cent of the amount of tax due, and the rate at which interest	26662
accrues does not exceed the rate per annum prescribed pursuant to	26663
section 5703.47 of the Revised Code. Except as provided in	26664
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	26665
regulations shall provide, after deducting the real and actual	26666
costs of administering the tax, for the return to each municipal	26667
corporation or township that does not levy an excise tax on the	26668
transactions, a uniform percentage of the tax collected in the	26669
municipal corporation or in the unincorporated portion of the	26670
township from each transaction, not to exceed thirty-three and	26671
one-third per cent. The remainder of the revenue arising from the	26672
tax shall be deposited in a separate fund and shall be spent	26673
solely to make contributions to the convention and visitors'	26674
bureau operating within the county, including a pledge and	26675
contribution of any portion of the remainder pursuant to an	26676
agreement authorized by section 307.695 of the Revised Code,	26677
provided that if the board of county commissioners of an eligible	26678
county as defined in section 307.695 of the Revised Code adopts a	26679
resolution amending a resolution levying a tax under this division	26680
to provide that the revenue from the tax shall be used by the	26681
board as described in division (H) of section 307.695 of the	26682
Revised Code, the remainder of the revenue shall be used as	26683
described in the resolution making that amendment. Except as	26684
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	26685
this section, on and after May 10, 1994, a board of county	26686
commissioners may not levy an excise tax pursuant to this division	26687
in any municipal corporation or township located wholly or partly	26688
within the county that has in effect an ordinance or resolution	26689
levying an excise tax pursuant to division (B) of this section.	26690
The board of a county that has levied a tax under division (C) of	26691
this section may, by resolution adopted within ninety days after	26692
July 15, 1985, by a majority of the members of the board, amend	26693
the resolution levying a tax under this division to provide for a	26694
portion of that tax to be pledged and contributed in accordance	26695
with an agreement entered into under section 307.695 of the	26696
Revised Code. A tax, any revenue from which is pledged pursuant to	26697
such an agreement, shall remain in effect at the rate at which it	26698
is imposed for the duration of the period for which the revenue	26699
from the tax has been so pledged.	26700

The board of county commissioners of an eligible county as	26701
defined in section 307.695 of the Revised Code may, by resolution	26702
adopted by a majority of the members of the board, amend a	26703
resolution levying a tax under this division to provide that the	26704
revenue from the tax shall be used by the board as described in	26705
division (H) of section 307.695 of the Revised Code, in which case	26706
the tax shall remain in effect at the rate at which it was imposed	26707
for the duration of any agreement entered into by the board under	26708
section 307.695 of the Revised Code, the duration during which any	26709
securities issued by the board under that section are outstanding,	26710
or the duration of the period during which the board owns a	26711
project as defined in section 307.695 of the Revised Code,	26712
whichever duration is longest.	26713

(2) A board of county commissioners that levies an excise tax	26714
under division (A)(1) of this section on June 30, 1997, at a rate	26715
of three per cent, and that has pledged revenue from the tax to an	26716
agreement entered into under section 307.695 of the Revised Code	26717
or, in the case of the board of county commissioners of an	26718
eligible county as defined in section 307.695 of the Revised Code,	26719
has amended a resolution levying a tax under division (C) of this	26720
section to provide that proceeds from the tax shall be used by the	26721
board as described in division (H) of section 307.695 of the	26722
Revised Code, may, at any time by a resolution adopted by a	26723
majority of the members of the board, amend the resolution levying	26724
a tax under division (A)(1) of this section to provide for an	26725
increase in the rate of that tax up to seven per cent on each	26726
transaction; to provide that revenue from the increase in the rate	26727
shall be used as described in division (H) of section 307.695 of	26728
the Revised Code or be spent solely to make contributions to the	26729
convention and visitors' bureau operating within the county to be	26730
used specifically for promotion, advertising, and marketing of the	26731
region in which the county is located; and to provide that the	26732
rate in excess of the three per cent levied under division (A)(1)	26733
of this section shall remain in effect at the rate at which it is	26734
imposed for the duration of the period during which any agreement	26735
is in effect that was entered into under section 307.695 of the	26736
Revised Code by the board of county commissioners levying a tax	26737
under division (A)(1) of this section, the duration of the period	26738
during which any securities issued by the board under division (I)	26739
of section 307.695 of the Revised Code are outstanding, or the	26740
duration of the period during which the board owns a project as	26741
defined in section 307.695 of the Revised Code, whichever duration	26742
is longest. The amendment also shall provide that no portion of	26743
that revenue need be returned to townships or municipal	26744
corporations as would otherwise be required under division (A)(1)	26745
of this section.	26746

(3) A board of county commissioners that levies a tax under	26747
division (A)(1) of this section on March 18, 1999, at a rate of	26748
three per cent may, by resolution adopted not later than	26749
forty-five days after March 18, 1999, amend the resolution levying	26750
the tax to provide for all of the following:	26751

(a) That the rate of the tax shall be increased by not more	26752
than an additional four per cent on each transaction;	26753

(b) That all of the revenue from the increase in the rate	26754
shall be pledged and contributed to a convention facilities	26755
authority established by the board of county commissioners under	26756
Chapter 351. of the Revised Code on or before November 15, 1998,	26757
and used to pay costs of constructing, maintaining, operating, and	26758
promoting a facility in the county, including paying bonds, or	26759
notes issued in anticipation of bonds, as provided by that	26760
chapter;	26761

(c) That no portion of the revenue arising from the increase	26762
in rate need be returned to municipal corporations or townships as	26763
otherwise required under division (A)(1) of this section;	26764

(d) That the increase in rate shall not be subject to	26765
diminution by initiative or referendum or by law while any bonds,	26766
or notes in anticipation of bonds, issued by the authority under	26767
Chapter 351. of the Revised Code to which the revenue is pledged,	26768
remain outstanding in accordance with their terms, unless	26769
provision is made by law or by the board of county commissioners	26770
for an adequate substitute therefor that is satisfactory to the	26771
trustee if a trust agreement secures the bonds.	26772

Division (A)(3) of this section does not apply to the board	26773
of county commissioners of any county in which a convention center	26774
or facility exists or is being constructed on November 15, 1998,	26775
or of any county in which a convention facilities authority levies	26776
a tax pursuant to section 351.021 of the Revised Code on that	26777
date.	26778

As used in division (A)(3) of this section, "cost" and	26779
"facility" have the same meanings as in section 351.01 of the	26780
Revised Code, and "convention center" has the same meaning as in	26781
section 307.695 of the Revised Code.	26782

(4)(a) A board of county commissioners that levies a tax	26783
under division (A)(1) of this section on June 30, 2002, at a rate	26784
of three per cent may, by resolution adopted not later than	26785
September 30, 2002, amend the resolution levying the tax to	26786
provide for all of the following:	26787

~~(a)~~(i) That the rate of the tax shall be increased by not	26788
more than an additional three and one-half per cent on each	26789
transaction;	26790

~~(b)~~(ii) That all of the revenue from the increase in rate	26791
shall be pledged and contributed to a convention facilities	26792
authority established by the board of county commissioners under	26793
Chapter 351. of the Revised Code on or before May 15, 2002, and be	26794
used to pay costs of constructing, expanding, maintaining,	26795
operating, or promoting a convention center in the county,	26796
including paying bonds, or notes issued in anticipation of bonds,	26797
as provided by that chapter;	26798

~~(c)~~(iii) That no portion of the revenue arising from the	26799
increase in rate need be returned to municipal corporations or	26800
townships as otherwise required under division (A)(1) of this	26801
section;	26802

~~(d)~~(iv) That the increase in rate shall not be subject to	26803
diminution by initiative or referendum or by law while any bonds,	26804
or notes in anticipation of bonds, issued by the authority under	26805
Chapter 351. of the Revised Code to which the revenue is pledged,	26806
remain outstanding in accordance with their terms, unless	26807
provision is made by law or by the board of county commissioners	26808
for an adequate substitute therefor that is satisfactory to the	26809
trustee if a trust agreement secures the bonds.	26810

(b) Any board of county commissioners that, pursuant to	26811
division (A)(4)(a) of this section, has amended a resolution	26812
levying the tax authorized by division (A)(1) of this section may	26813
further amend the resolution to provide that the revenue referred	26814
to in division (A)(4)(a)(ii) of this section shall be pledged and	26815
contributed both to a convention facilities authority to pay the	26816
costs of constructing, expanding, maintaining, or operating one or	26817
more convention centers in the county, including paying bonds, or	26818
notes issued in anticipation of bonds, as provided in Chapter 351.	26819
of the Revised Code, and to a convention and visitors' bureau to	26820
pay the costs of promoting one or more convention centers in the	26821
county.	26822

As used in division (A)(4) of this section, "cost" has the	26823
same meaning as in section 351.01 of the Revised Code, and	26824
"convention center" has the same meaning as in section 307.695 of	26825
the Revised Code.	26826

(5)(a) As used in division (A)(5) of this section:

26827

(i) "Port authority" means a port authority created under	26828
Chapter 4582. of the Revised Code.	26829

(ii) "Port authority military-use facility" means port	26830
authority facilities on which or adjacent to which is located an	26831
installation of the armed forces of the United States, a reserve	26832
component thereof, or the national guard and at least part of	26833
which is made available for use, for consideration, by the armed	26834
forces of the United States, a reserve component thereof, or the	26835
national guard.	26836

(b) For the purpose of contributing revenue to pay operating	26837
expenses of a port authority that operates a port authority	26838
military-use facility, the board of county commissioners of a	26839
county that created, participated in the creation of, or has	26840
joined such a port authority may do one or both of the following:	26841

(i) Amend a resolution previously adopted under division	26842
(A)(1) of this section to designate some or all of the revenue	26843
from the tax levied under the resolution to be used for that	26844
purpose, notwithstanding that division;	26845

(ii) Amend a resolution previously adopted under division	26846
(A)(1) of this section to increase the rate of the tax by not more	26847
than an additional two per cent and use the revenue from the	26848
increase exclusively for that purpose.	26849

(c) If a board of county commissioners amends a resolution to	26850
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	26851
of this section, the board also may amend the resolution to	26852
specify that the increase in rate of the tax does not apply to	26853
"hotels," as otherwise defined in section 5739.01 of the Revised	26854
Code, having fewer rooms used for the accommodation of guests than	26855
a number of rooms specified by the board.	26856

(6) A board of county commissioners of a county organized	26857
under a county charter adopted pursuant to Article X, Section 3,	26858
Ohio Constitution, and that levies an excise tax under division	26859
(A)(1) of this section at a rate of three per cent and levies an	26860
additional excise tax under division (E) of this section at a rate	26861
of one and one-half per cent may, by resolution adopted not later	26862
than January 1, 2008, by a majority of the members of the board,	26863
amend the resolution levying a tax under division (A)(1) of this	26864
section to provide for an increase in the rate of that tax by not	26865
more than an additional one per cent on transactions by which	26866
lodging by a hotel is or is to be furnished to transient guests.	26867
Notwithstanding divisions (A)(1) and (E) of this section, the	26868
resolution shall provide that all of the revenue from the increase	26869
in rate, after deducting the real and actual costs of	26870
administering the tax, shall be used to pay the costs of	26871
improving, expanding, equipping, financing, or operating a	26872
convention center by a convention and visitors' bureau in the	26873
county. The increase in rate shall remain in effect for the	26874
period specified in the resolution, not to exceed ten years. The	26875
increase in rate shall be subject to the regulations adopted	26876
under division (A)(1) of this section, except that the	26877
resolution may provide that no portion of the revenue from the	26878
increase in the rate shall be returned to townships or municipal	26879
corporations as would otherwise be required under that division.	26880

(7) Division (A)(7) of this section applies only to a county	26881
with a population greater than sixty-five thousand and less than	26882
seventy thousand according to the most recent federal decennial	26883
census and in which, on December 31, 2006, an excise tax is levied	26884
under division (A)(1) of this section at a rate not less than and	26885
not greater than three per cent, and in which the most recent	26886
increase in the rate of that tax was enacted or took effect in	26887
November 1984.	26888

The board of county commissioners of a county to which this	26889
division applies, by resolution adopted by a majority of the	26890
members of the board, may increase the rate of the tax by not more	26891
than one per cent on transactions by which lodging by a hotel is	26892
or is to be furnished to transient guests. The increase in rate	26893
shall be for the purpose of paying expenses deemed necessary by	26894
the convention and visitors' bureau operating in the county to	26895
promote travel and tourism. The increase in rate shall remain in	26896
effect for the period specified in the resolution, not to exceed	26897
twenty years, provided that the increase in rate may not continue	26898
beyond the time when the purpose for which the increase is levied	26899
ceases to exist. If revenue from the increase in rate is pledged	26900
to the payment of debt charges on securities, the increase in rate	26901
is not subject to diminution by initiative or referendum or by law	26902
for so long as the securities are outstanding, unless provision is	26903
made by law or by the board of county commissioners for an	26904
adequate substitute for that revenue that is satisfactory to the	26905
trustee if a trust agreement secures payment of the debt charges.	26906
The increase in rate shall be subject to the regulations adopted	26907
under division (A)(1) of this section, except that the resolution	26908
may provide that no portion of the revenue from the increase in	26909
the rate shall be returned to townships or municipal corporations	26910
as would otherwise be required under division (A)(1) of this	26911
section. A resolution adopted under division (A)(7) of this	26912
section is subject to referendum under sections 305.31 to 305.99	26913
of the Revised Code.	26914

(B)(1) The legislative authority of a municipal corporation	26915
or the board of trustees of a township that is not wholly or	26916
partly located in a county that has in effect a resolution levying	26917
an excise tax pursuant to division (A)(1) of this section may, by	26918
ordinance or resolution, levy an excise tax not to exceed three	26919
per cent on transactions by which lodging by a hotel is or is to	26920
be furnished to transient guests. The legislative authority of the	26921
municipal corporation or the board of trustees of the township	26922
shall deposit at least fifty per cent of the revenue from the tax	26923
levied pursuant to this division into a separate fund, which shall	26924
be spent solely to make contributions to convention and visitors'	26925
bureaus operating within the county in which the municipal	26926
corporation or township is wholly or partly located, and the	26927
balance of that revenue shall be deposited in the general fund.	26928
The municipal corporation or township shall establish all	26929
regulations necessary to provide for the administration and	26930
allocation of the tax. The regulations may prescribe the time for	26931
payment of the tax, and may provide for the imposition of a	26932
penalty or interest, or both, for late payments, provided that the	26933
penalty does not exceed ten per cent of the amount of tax due, and	26934
the rate at which interest accrues does not exceed the rate per	26935
annum prescribed pursuant to section 5703.47 of the Revised Code.	26936
The levy of a tax under this division is in addition to any tax	26937
imposed on the same transaction by a municipal corporation or a	26938
township as authorized by division (A) of section 5739.08 of the	26939
Revised Code.	26940

(2)(a) The legislative authority of the most populous	26941
municipal corporation located wholly or partly in a county in	26942
which the board of county commissioners has levied a tax under	26943
division (A)(4) of this section may amend, on or before September	26944
30, 2002, that municipal corporation's ordinance or resolution	26945
that levies an excise tax on transactions by which lodging by a	26946
hotel is or is to be furnished to transient guests, to provide for	26947
all of the following:	26948

~~(a)~~(i) That the rate of the tax shall be increased by not	26949
more than an additional one per cent on each transaction;	26950

~~(b)~~(ii) That all of the revenue from the increase in rate	26951
shall be pledged and contributed to a convention facilities	26952
authority established by the board of county commissioners under	26953
Chapter 351. of the Revised Code on or before May 15, 2002, and be	26954
used to pay costs of constructing, expanding, maintaining,	26955
operating, or promoting a convention center in the county,	26956
including paying bonds, or notes issued in anticipation of bonds,	26957
as provided by that chapter;	26958

~~(c)~~(iii) That the increase in rate shall not be subject to	26959
diminution by initiative or referendum or by law while any bonds,	26960
or notes in anticipation of bonds, issued by the authority under	26961
Chapter 351. of the Revised Code to which the revenue is pledged,	26962
remain outstanding in accordance with their terms, unless	26963
provision is made by law, by the board of county commissioners, or	26964
by the legislative authority, for an adequate substitute therefor	26965
that is satisfactory to the trustee if a trust agreement secures	26966
the bonds.	26967

(b) The legislative authority of a municipal corporation	26968
that, pursuant to division (B)(2)(a) of this section, has amended	26969
its ordinance or resolution to increase the rate of the tax	26970
authorized by division (B)(1) of this section may further amend	26971
the ordinance or resolution to provide that the revenue referred	26972
to in division (B)(2)(a)(ii) of this section shall be pledged and	26973
contributed both to a convention facilities authority to pay the	26974
costs of constructing, expanding, maintaining, or operating one or	26975
more convention centers in the county, including paying bonds, or	26976
notes issued in anticipation of bonds, as provided in Chapter 351.	26977
of the Revised Code, and to a convention and visitors' bureau to	26978
pay the costs of promoting one or more convention centers in the	26979
county.	26980

As used in division (B)(2) of this section, "cost" has the	26981
same meaning as in section 351.01 of the Revised Code, and	26982
"convention center" has the same meaning as in section 307.695 of	26983
the Revised Code.	26984

(C) For the purposes described in section 307.695 of the	26985
Revised Code and to cover the costs of administering the tax, a	26986
board of county commissioners of a county where a tax imposed	26987
under division (A)(1) of this section is in effect may, by	26988
resolution adopted within ninety days after July 15, 1985, by a	26989
majority of the members of the board, levy an additional excise	26990
tax not to exceed three per cent on transactions by which lodging	26991
by a hotel is or is to be furnished to transient guests. The tax	26992
authorized by this division shall be in addition to any tax that	26993
is levied pursuant to division (A) of this section, but it shall	26994
not apply to transactions subject to a tax levied by a municipal	26995
corporation or township pursuant to the authorization granted by	26996
division (A) of section 5739.08 of the Revised Code. The board	26997
shall establish all regulations necessary to provide for the	26998
administration and allocation of the tax. The regulations may	26999
prescribe the time for payment of the tax, and may provide for the	27000
imposition of a penalty or interest, or both, for late payments,	27001
provided that the penalty does not exceed ten per cent of the	27002
amount of tax due, and the rate at which interest accrues does not	27003
exceed the rate per annum prescribed pursuant to section 5703.47	27004
of the Revised Code. All revenues arising from the tax shall be	27005
expended in accordance with section 307.695 of the Revised Code.	27006
The board of county commissioners of an eligible county as defined	27007
in section 307.695 of the Revised Code may, by resolution adopted	27008
by a majority of the members of the board, amend the resolution	27009
levying a tax under this division to provide that the revenue from	27010
the tax shall be used by the board as described in division (H) of	27011
section 307.695 of the Revised Code. A tax imposed under this	27012
division shall remain in effect at the rate at which it is imposed	27013
for the duration of the period during which any agreement entered	27014
into by the board under section 307.695 of the Revised Code is in	27015
effect, the duration of the period during which any securities	27016
issued by the board under division (I) of section 307.695 of the	27017
Revised Code are outstanding, or the duration of the period during	27018
which the board owns a project as defined in section 307.695 of	27019
the Revised Code, whichever duration is longest.	27020

(D) For the purpose of providing contributions under division	27021
(B)(1) of section 307.671 of the Revised Code to enable the	27022
acquisition, construction, and equipping of a port authority	27023
educational and cultural facility in the county and, to the extent	27024
provided for in the cooperative agreement authorized by that	27025
section, for the purpose of paying debt service charges on bonds,	27026
or notes in anticipation of bonds, described in division (B)(1)(b)	27027
of that section, a board of county commissioners, by resolution	27028
adopted within ninety days after December 22, 1992, by a majority	27029
of the members of the board, may levy an additional excise tax not	27030
to exceed one and one-half per cent on transactions by which	27031
lodging by a hotel is or is to be furnished to transient guests.	27032
The excise tax authorized by this division shall be in addition to	27033
any tax that is levied pursuant to divisions (A), (B), and (C) of	27034
this section, to any excise tax levied pursuant to section 5739.08	27035
of the Revised Code, and to any excise tax levied pursuant to	27036
section 351.021 of the Revised Code. The board of county	27037
commissioners shall establish all regulations necessary to provide	27038
for the administration and allocation of the tax that are not	27039
inconsistent with this section or section 307.671 of the Revised	27040
Code. The regulations may prescribe the time for payment of the	27041
tax, and may provide for the imposition of a penalty or interest,	27042
or both, for late payments, provided that the penalty does not	27043
exceed ten per cent of the amount of tax due, and the rate at	27044
which interest accrues does not exceed the rate per annum	27045
prescribed pursuant to section 5703.47 of the Revised Code. All	27046
revenues arising from the tax shall be expended in accordance with	27047
section 307.671 of the Revised Code and division (D) of this	27048
section. The levy of a tax imposed under this division may not	27049
commence prior to the first day of the month next following the	27050
execution of the cooperative agreement authorized by section	27051
307.671 of the Revised Code by all parties to that agreement. The	27052
tax shall remain in effect at the rate at which it is imposed for	27053
the period of time described in division (C) of section 307.671 of	27054
the Revised Code for which the revenue from the tax has been	27055
pledged by the county to the corporation pursuant to that section,	27056
but, to any extent provided for in the cooperative agreement, for	27057
no lesser period than the period of time required for payment of	27058
the debt service charges on bonds, or notes in anticipation of	27059
bonds, described in division (B)(1)(b) of that section.	27060

(E) For the purpose of paying the costs of acquiring,	27061
constructing, equipping, and improving a municipal educational and	27062
cultural facility, including debt service charges on bonds	27063
provided for in division (B) of section 307.672 of the Revised	27064
Code, and for any additional purposes determined by the county in	27065
the resolution levying the tax or amendments to the resolution,	27066
including subsequent amendments providing for paying costs of	27067
acquiring, constructing, renovating, rehabilitating, equipping,	27068
and improving a port authority educational and cultural performing	27069
arts facility, as defined in section 307.674 of the Revised Code,	27070
and including debt service charges on bonds provided for in	27071
division (B) of section 307.674 of the Revised Code, the	27072
legislative authority of a county, by resolution adopted within	27073
ninety days after June 30, 1993, by a majority of the members of	27074
the legislative authority, may levy an additional excise tax not	27075
to exceed one and one-half per cent on transactions by which	27076
lodging by a hotel is or is to be furnished to transient guests.	27077
The excise tax authorized by this division shall be in addition to	27078
any tax that is levied pursuant to divisions (A), (B), (C), and	27079
(D) of this section, to any excise tax levied pursuant to section	27080
5739.08 of the Revised Code, and to any excise tax levied pursuant	27081
to section 351.021 of the Revised Code. The legislative authority	27082
of the county shall establish all regulations necessary to provide	27083
for the administration and allocation of the tax. The regulations	27084
may prescribe the time for payment of the tax, and may provide for	27085
the imposition of a penalty or interest, or both, for late	27086
payments, provided that the penalty does not exceed ten per cent	27087
of the amount of tax due, and the rate at which interest accrues	27088
does not exceed the rate per annum prescribed pursuant to section	27089
5703.47 of the Revised Code. All revenues arising from the tax	27090
shall be expended in accordance with section 307.672 of the	27091
Revised Code and this division. The levy of a tax imposed under	27092
this division shall not commence prior to the first day of the	27093
month next following the execution of the cooperative agreement	27094
authorized by section 307.672 of the Revised Code by all parties	27095
to that agreement. The tax shall remain in effect at the rate at	27096
which it is imposed for the period of time determined by the	27097
legislative authority of the county. That period of time shall	27098
not exceed fifteen years, except that the legislative authority	27099
of a county with a population of less than two hundred fifty	27100
thousand according to the most recent federal decennial census,	27101
by resolution adopted by a majority of its members before the	27102
original tax expires, may extend the duration of the tax for an	27103
additional period of time. The additional period of time by which	27104
a legislative authority extends a tax levied under this division	27105
shall not exceed fifteen years.	27106

(F) The legislative authority of a county that has levied a	27107
tax under division (E) of this section may, by resolution adopted	27108
within one hundred eighty days after January 4, 2001, by a	27109
majority of the members of the legislative authority, amend the	27110
resolution levying a tax under that division to provide for the	27111
use of the proceeds of that tax, to the extent that it is no	27112
longer needed for its original purpose as determined by the	27113
parties to a cooperative agreement amendment pursuant to division	27114
(D) of section 307.672 of the Revised Code, to pay costs of	27115
acquiring, constructing, renovating, rehabilitating, equipping,	27116
and improving a port authority educational and cultural performing	27117
arts facility, including debt service charges on bonds provided	27118
for in division (B) of section 307.674 of the Revised Code, and to	27119
pay all obligations under any guaranty agreements, reimbursement	27120
agreements, or other credit enhancement agreements described in	27121
division (C) of section 307.674 of the Revised Code. The	27122
resolution may also provide for the extension of the tax at the	27123
same rate for the longer of the period of time determined by the	27124
legislative authority of the county, but not to exceed an	27125
additional twenty-five years, or the period of time required to	27126
pay all debt service charges on bonds provided for in division (B)	27127
of section 307.672 of the Revised Code and on port authority	27128
revenue bonds provided for in division (B) of section 307.674 of	27129
the Revised Code. All revenues arising from the amendment and	27130
extension of the tax shall be expended in accordance with section	27131
307.674 of the Revised Code, this division, and division (E) of	27132
this section.	27133

(G) For purposes of a tax levied by a county, township, or	27134
municipal corporation under this section or section 5739.08 of the	27135
Revised Code, a board of county commissioners, board of township	27136
trustees, or the legislative authority of a municipal corporation	27137
may adopt a resolution or ordinance at any time specifying that	27138
"hotel," as otherwise defined in section 5739.01 of the Revised	27139
Code, includes establishments in which fewer than five rooms are	27140
used for the accommodation of guests. The resolution or ordinance	27141
may apply to a tax imposed pursuant to this section prior to the	27142
adoption of the resolution or ordinance if the resolution or	27143
ordinance so states, but the tax shall not apply to transactions	27144
by which lodging by such an establishment is provided to transient	27145
guests prior to the adoption of the resolution or ordinance.	27146

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

27147

(a) "Convention facilities authority" has the same meaning as	27148
in section 351.01 of the Revised Code.	27149

(b) "Convention center" has the same meaning as in section	27150
307.695 of the Revised Code.	27151

(2) Notwithstanding any contrary provision of division (D) of	27152
this section, the legislative authority of a county with a	27153
population of one million or more according to the most recent	27154
federal decennial census that has levied a tax under division (D)	27155
of this section may, by resolution adopted by a majority of the	27156
members of the legislative authority, provide for the extension of	27157
such levy and may provide that the proceeds of that tax, to the	27158
extent that they are no longer needed for their original purpose	27159
as defined by a cooperative agreement entered into under section	27160
307.671 of the Revised Code, shall be deposited into the county	27161
general revenue fund. The resolution shall provide for the	27162
extension of the tax at a rate not to exceed the rate specified in	27163
division (D) of this section for a period of time determined by	27164
the legislative authority of the county, but not to exceed an	27165
additional forty years.	27166

(3) The legislative authority of a county with a population	27167
of one million or more that has levied a tax under division (A)(1)	27168
of this section may, by resolution adopted by a majority of the	27169
members of the legislative authority, increase the rate of the tax	27170
levied by such county under division (A)(1) of this section to a	27171
rate not to exceed five per cent on transactions by which lodging	27172
by a hotel is or is to be furnished to transient guests.	27173
Notwithstanding any contrary provision of division (A)(1) of this	27174
section, the resolution may provide that all collections resulting	27175
from the rate levied in excess of three per cent, after deducting	27176
the real and actual costs of administering the tax, shall be	27177
deposited in the county general fund.	27178

(4) The legislative authority of a county with a population	27179
of one million or more that has levied a tax under division (A)(1)	27180
of this section may, by resolution adopted on or before August 30,	27181
2004, by a majority of the members of the legislative authority,	27182
provide that all or a portion of the proceeds of the tax levied	27183
under division (A)(1) of this section, after deducting the real	27184
and actual costs of administering the tax and the amounts required	27185
to be returned to townships and municipal corporations with	27186
respect to the first three per cent levied under division (A)(1)	27187
of this section, shall be deposited in the county general fund,	27188
provided that such proceeds shall be used to satisfy any pledges	27189
made in connection with an agreement entered into under section	27190
307.695 of the Revised Code.	27191

(5) No amount collected from a tax levied, extended, or	27192
required to be deposited in the county general fund under division	27193
(H) of this section shall be contributed to a convention	27194
facilities authority, corporation, or other entity created after	27195
July 1, 2003, for the principal purpose of constructing,	27196
improving, expanding, equipping, financing, or operating a	27197
convention center unless the mayor of the municipal corporation	27198
in which the convention center is to be operated by that	27199
convention facilities authority, corporation, or other entity	27200
has consented to the creation of that convention facilities	27201
authority, corporation, or entity. Notwithstanding any contrary	27202
provision of section 351.04 of the Revised Code, if a tax is	27203
levied by a county under division (H) of this section, the board	27204
of county commissioners of that county may determine the manner	27205
of selection, the qualifications, the number, and terms of	27206
office of the members of the board of directors of any convention	27207
facilities authority, corporation, or other entity described in	27208
division (H)(5) of this section.	27209

(6)(a) No amount collected from a tax levied, extended, or	27210
required to be deposited in the county general fund under division	27211
(H) of this section may be used for any purpose other than paying	27212
the direct and indirect costs of constructing, improving,	27213
expanding, equipping, financing, or operating a convention center	27214
and for the real and actual costs of administering the tax,	27215
unless, prior to the adoption of the resolution of the	27216
legislative authority of the county authorizing the levy,	27217
extension, increase, or deposit, the county and the mayor of the	27218
most populous municipal corporation in that county have entered	27219
into an agreement as to the use of such amounts, provided that	27220
such agreement has been approved by a majority of the mayors of	27221
the other municipal corporations in that county. The agreement	27222
shall provide that the amounts to be used for purposes other	27223
than paying the convention center or administrative costs	27224
described in division (H)(6)(a) of this section be used only for	27225
the direct and indirect costs of capital improvements, including	27226
the financing of capital improvements.	27227

(b) If the county in which the tax is levied has an	27228
association of mayors and city managers, the approval of that	27229
association of an agreement described in division (H)(6)(a) of	27230
this section shall be considered to be the approval of the	27231
majority of the mayors of the other municipal corporations for	27232
purposes of that division.	27233

(7) Each year, the auditor of state shall conduct an audit of	27234
the uses of any amounts collected from taxes levied, extended, or	27235
deposited under division (H) of this section and shall prepare a	27236
report of the auditor of state's findings. The auditor of state	27237
shall submit the report to the legislative authority of the county	27238
that has levied, extended, or deposited the tax, the speaker of	27239
the house of representatives, the president of the senate, and the	27240
leaders of the minority parties of the house of representatives	27241
and the senate.	27242

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

27243

(a) "Convention facilities authority" has the same meaning as	27244
in section 351.01 of the Revised Code.	27245

(b) "Convention center" has the same meaning as in section	27246
307.695 of the Revised Code.	27247

(2) Notwithstanding any contrary provision of division (D) of	27248
this section, the legislative authority of a county with a	27249
population of one million two hundred thousand or more according	27250
to the most recent federal decennial census or the most recent	27251
annual population estimate published or released by the United	27252
States census bureau at the time the resolution is adopted placing	27253
the levy on the ballot, that has levied a tax under division (D)	27254
of this section may, by resolution adopted by a majority of the	27255
members of the legislative authority, provide for the extension of	27256
such levy and may provide that the proceeds of that tax, to the	27257
extent that the proceeds are no longer needed for their original	27258
purpose as defined by a cooperative agreement entered into under	27259
section 307.671 of the Revised Code and after deducting the real	27260
and actual costs of administering the tax, shall be used for	27261
paying the direct and indirect costs of constructing, improving,	27262
expanding, equipping, financing, or operating a convention center.	27263
The resolution shall provide for the extension of the tax at a	27264
rate not to exceed the rate specified in division (D) of this	27265
section for a period of time determined by the legislative	27266
authority of the county, but not to exceed an additional forty	27267
years.	27268

(3) The legislative authority of a county with a population	27269
of one million two hundred thousand or more that has levied a tax	27270
under division (A)(1) of this section may, by resolution adopted	27271
by a majority of the members of the legislative authority,	27272
increase the rate of the tax levied by such county under division	27273
(A)(1) of this section to a rate not to exceed five per cent on	27274
transactions by which lodging by a hotel is or is to be furnished	27275
to transient guests. Notwithstanding any contrary provision of	27276
division (A)(1) of this section, the resolution shall provide that	27277
all collections resulting from the rate levied in excess of three	27278
per cent, after deducting the real and actual costs of	27279
administering the tax, shall be used for paying the direct and	27280
indirect costs of constructing, improving, expanding, equipping,	27281
financing, or operating a convention center.	27282

(4) The legislative authority of a county with a population	27283
of one million two hundred thousand or more that has levied a tax	27284
under division (A)(1) of this section may, by resolution adopted	27285
on or before July 1, 2008, by a majority of the members of the	27286
legislative authority, provide that all or a portion of the	27287
proceeds of the tax levied under division (A)(1) of this section,	27288
after deducting the real and actual costs of administering the tax	27289
and the amounts required to be returned to townships and municipal	27290
corporations with respect to the first three per cent levied under	27291
division (A)(1) of this section, shall be used to satisfy any	27292
pledges made in connection with an agreement entered into under	27293
section 307.695 of the Revised Code or shall otherwise be used for	27294
paying the direct and indirect costs of constructing, improving,	27295
expanding, equipping, financing, or operating a convention center.	27296

(5) Any amount collected from a tax levied or extended under	27297
division (I) of this section may be contributed to a convention	27298
facilities authority created before July 1, 2005, but no amount	27299
collected from a tax levied or extended under division (I) of this	27300
section may be contributed to a convention facilities authority,	27301
corporation, or other entity created after July 1, 2005, unless	27302
the mayor of the municipal corporation in which the convention	27303
center is to be operated by that convention facilities authority,	27304
corporation, or other entity has consented to the creation of that	27305
convention facilities authority, corporation, or entity.	27306

Sec. 5739.12. (A)(1) Each person who has or is required to	27307
have a vendor's license, on or before the twenty-third day of	27308
each month, shall make and file a return for the preceding month,	27309
~~on forms~~in the form prescribed by the tax commissioner, and shall	27310
pay the tax shown on the return to be due. The return shall be	27311
filed electronically using the Ohio business gateway, as defined	27312
in section 718.051 of the Revised Code, the Ohio telefile system,	27313
or any other electronic means prescribed by the commissioner.	27314
Payment of the tax shown on the return to be due shall be made	27315
electronically in a manner approved by the commissioner. The	27316
commissioner may require a vendor that operates from multiple	27317
locations or has multiple vendor's licenses to report all tax	27318
liabilities on one consolidated return. The return shall show the	27319
amount of tax due from the vendor to the state for the period	27320
covered by the return and such other information as the	27321
commissioner deems necessary for the proper administration of this	27322
chapter. The commissioner may extend the time for making and	27323
filing returns and paying the tax, and may require that the return	27324
for the last month of any annual or semiannual period, as	27325
determined by the commissioner, be a reconciliation return	27326
detailing the vendor's sales activity for the preceding annual or	27327
semiannual period. The reconciliation return shall be filed by	27328
the last day of the month following the last month of the annual	27329
or semiannual period. The commissioner may remit all or any part	27330
of amounts or penalties that may become due under this chapter and	27331
may adopt rules relating thereto. Such return shall be filed	27332
electronically as directed by ~~mailing it to~~ the tax commissioner,	27333
~~together with~~and payment of the amount of tax shown to be due	27334
thereon, after deduction of any discount provided for under this	27335
section~~. Remittance~~, shall be made ~~payable to the treasurer of~~	27336
~~state. The return shall be considered filed when received by the~~	27337
~~tax commissioner, and the payment shall be considered made when~~	27338
~~received by the tax commissioner or when credited to an account~~	27339
~~designated by the treasurer of state or~~electronically in a manner	27340
approved by the tax commissioner.	27341

(2) Any person required to file returns and make payments	27342
electronically under division (A)(1) of this section may apply to	27343
the tax commissioner on a form prescribed by the commissioner to	27344
be excused from that requirement. For good cause shown, the	27345
commissioner may excuse the person from that requirement and may	27346
permit the person to file the returns and make the payments	27347
required by this section by nonelectronic means.	27348

(B)(1) If the return is filed and the amount of tax shown	27349
thereon to be due is paid on or before the date such return is	27350
required to be filed, the vendor shall be entitled to a discount	27351
of:	27352

~~(a) On and after July 1, 2005, and on and before June 30,~~	27353
~~2007, nine-tenths of one per cent of the amount shown to be due on~~	27354
~~the return;~~	27355

~~(b) On and after July 1, 2007,~~ three-fourths of one per cent	27356
of the amount shown to be due on the return.	27357

(2) A vendor that has selected a certified service provider	27358
as its agent shall not be entitled to the discount if the	27359
certified service provider receives a monetary allowance pursuant	27360
to section 5739.06 of the Revised Code for performing the vendor's	27361
sales and use tax functions in this state. Amounts paid to the	27362
clerk of courts pursuant to section 4505.06 of the Revised Code	27363
shall be subject to the applicable discount. The discount shall be	27364
in consideration for prompt payment to the clerk of courts and for	27365
other services performed by the vendor in the collection of the	27366
tax.	27367

(C)(1) Upon application to the tax commissioner, a vendor who	27368
is required to file monthly returns may be relieved of the	27369
requirement to report and pay the actual tax due, provided that	27370
the vendor agrees to remit to the ~~tax~~ commissioner payment of not	27371
less than an amount determined by the commissioner to be the	27372
average monthly tax liability of the vendor, based upon a review	27373
of the returns or other information pertaining to such vendor for	27374
a period of not less than six months nor more than two years	27375
immediately preceding the filing of the application. Vendors who	27376
agree to the above conditions shall make and file an annual or	27377
semiannual reconciliation return, as prescribed by the	27378
commissioner. The reconciliation return shall be filed	27379
electronically as directed by ~~mailing or delivering it to~~ the tax	27380
commissioner, ~~together with~~and payment of the amount of tax	27381
shown to be due thereon, after deduction of any discount provided	27382
in this section~~. Remittance~~, shall be made ~~payable to the~~	27383
~~treasurer of state~~electronically in a manner approved by the	27384
commissioner. Failure of a vendor to comply with any of the above	27385
conditions may result in immediate reinstatement of the	27386
requirement of reporting and paying the actual tax liability on	27387
each monthly return, and the commissioner may at the	27388
commissioner's discretion deny the vendor the right to report and	27389
pay based upon the average monthly liability for a period not to	27390
exceed two years. The amount ascertained by the commissioner to be	27391
the average monthly tax liability of a vendor may be adjusted,	27392
based upon a review of the returns or other information pertaining	27393
to the vendor for a period of not less than six months nor more	27394
than two years preceding such adjustment.	27395

(2) The commissioner may authorize vendors whose tax	27396
liability is not such as to merit monthly returns, as ascertained	27397
by the commissioner upon the basis of administrative costs to the	27398
state, to make and file returns at less frequent intervals. When	27399
returns are filed at less frequent intervals in accordance with	27400
such authorization, the vendor shall be allowed the discount	27401
provided in this section in consideration for prompt payment with	27402
the return, provided the return is filed ~~together with~~and payment	27403
is made of the amount of tax shown to be due thereon, at the time	27404
specified by the commissioner, but a vendor that has selected a	27405
certified service provider as its agent shall not be entitled to	27406
the discount.	27407

(D) Any vendor who fails to file a return or to pay the full	27408
amount of the tax shown on the return to be due in the manner	27409
prescribed under this section and the rules of the commissioner	27410
may, for each such return ~~the vendor fails to file or each such~~	27411
~~tax the vendor fails to pay in full as shown on the return within~~	27412
~~the period prescribed by this section and the rules of the~~	27413
~~commissioner~~, be required to forfeit and pay into the state	27414
treasury an additional charge not exceeding fifty dollars or ten	27415
per cent of the tax required to be paid for the reporting period,	27416
whichever is greater, as revenue arising from the tax imposed by	27417
this chapter, and such sum may be collected by assessment in the	27418
manner provided in section 5739.13 of the Revised Code. The	27419
commissioner may remit all or a portion of the additional charge	27420
and may adopt rules relating to the imposition and remission of	27421
the additional charge.	27422

(E) If the amount required to be collected by a vendor from	27423
consumers is in excess of the applicable percentage of the	27424
vendor's receipts from sales that are taxable under section	27425
5739.02 of the Revised Code, or in the case of sales subject to a	27426
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	27427
the Revised Code, in excess of the percentage equal to the	27428
aggregate rate of such taxes and the tax levied by section 5739.02	27429
of the Revised Code, such excess shall be remitted along with the	27430
remittance of the amount of tax due under section 5739.10 of the	27431
Revised Code.	27432

(F) The commissioner, if the commissioner deems it necessary	27433
in order to insure the payment of the tax imposed by this chapter,	27434
may require returns and payments to be made for other than monthly	27435
periods. ~~The returns shall be signed by the vendor or the vendor's~~	27436
~~authorized agent.~~	27437

(G) Any vendor required to file a return and pay the tax	27438
under this section, whose total payment for a year equals or	27439
exceeds the amount shown in division (A) of section 5739.122 of	27440
the Revised Code~~, shall make each payment required by this~~	27441
~~section in the second ensuing and each succeeding year by~~	27442
~~electronic funds transfer as prescribed by, and on or before the~~	27443
~~dates specified in, section 5739.122 of the Revised Code, except~~	27444
~~as otherwise prescribed by~~is subject to the accelerated tax	27445
payment requirements in divisions (B) and (C) of that section. For	27446
a vendor that operates from multiple locations or has multiple	27447
vendor's licenses, in determining whether the vendor's total	27448
payment equals or exceeds the amount shown in division (A) of	27449
that section, the vendor's total payment amount shall be the	27450
amount of the vendor's total tax liability for the previous	27451
calendar year for all of the vendor's locations or licenses.	27452

Sec. 5739.122. (A) If the total amount of tax required to be	27453
paid by a vendor under section 5739.12 of the Revised Code for any	27454
calendar year equals or exceeds seventy-five thousand dollars, the	27455
vendor shall remit each monthly tax payment in the second ensuing	27456
and each succeeding tax year ~~by electronic funds transfer~~on an	27457
accelerated basis as prescribed by divisions (B) and (C) of this	27458
section.	27459

If a vendor's tax payment for each of two consecutive years	27460
is less than seventy-five thousand dollars, the vendor is relieved	27461
of the requirement to remit taxes ~~by electronic funds transfer~~in	27462
the manner prescribed by this section for the year that next	27463
follows the second of the consecutive years in which the tax	27464
payment is less than that amount, and is relieved of that	27465
requirement for each succeeding year, unless the tax payment in a	27466
subsequent year equals or exceeds seventy-five thousand dollars.	27467

The tax commissioner shall notify each vendor required to	27468
~~remit taxes by electronic funds transfer~~make accelerated tax	27469
payments of the vendor's obligation to do so,and shall maintain	27470
an updated list of those vendors~~, and shall timely certify the~~	27471
~~list and any additions thereto or deletions therefrom to the~~	27472
~~treasurer of state~~. Failure by the tax commissioner to notify a	27473
vendor subject to this section to remit taxes ~~by electronic funds~~	27474
~~transfer~~on an accelerated basis does not relieve the vendor of	27475
its obligation to remit taxes ~~by electronic funds transfer~~as	27476
provided under division (B) of this section.	27477

(B) Vendors required by division (A) of this section to ~~remit~~	27478
make accelerated tax payments ~~by electronic funds transfer~~ shall	27479
electronically remit such payments to the ~~treasurer of state~~tax	27480
commissioner in ~~the~~a manner ~~prescribed by this section and rules~~	27481
~~adopted~~approved by the ~~treasurer of state under section 113.061~~	27482
~~of the Revised Code, and~~commissioner, as follows:	27483

(1) On or before the twenty-third day of each month, a vendor	27484
shall remit an amount equal to seventy-five per cent of the	27485
anticipated tax liability for that month.	27486

(2) On or before the twenty-third day of each month, a vendor	27487
shall report the taxes collected for the previous month and shall	27488
remit that amount, less any amounts paid for that month as	27489
required by division (B)(1) of this section.	27490

The payment of taxes ~~by electronic funds transfer~~on an	27491
accelerated basis under this section does not affect a vendor's	27492
obligation to file ~~the monthly return~~returns and pay the tax	27493
shown on the returns to be due as required under section 5739.12	27494
of the Revised Code.	27495

(C) A vendor required by this section to remit taxes by	27496
~~electronic funds transfer~~on an accelerated basis may apply to the	27497
~~treasurer of state~~tax commissioner, in the manner prescribed by	27498
the ~~treasurer of state~~commissioner, to be excused from that	27499
requirement. The ~~treasurer of state~~commissioner may excuse the	27500
vendor from remittance ~~by electronic funds transfer~~on an	27501
accelerated basis for good cause shown for the period of time	27502
requested by the vendor or for a portion of that period. ~~The~~	27503
~~treasurer of state shall notify the tax commissioner and the~~	27504
~~vendor of the treasurer of state's decision as soon as is~~	27505
~~practicable.~~	27506

(D)(1)(a) If a vendor that is required to remit payments	27507
under division (B) of this section fails to make a payment	27508
required under division (B)(1) of this section, or makes a	27509
payment under division (B)(1) of this section that is less than	27510
seventy-five per cent of the actual liability for that month, the	27511
commissioner may impose an additional charge not to exceed five	27512
per cent of that unpaid amount.	27513

(b) Division (D)(1)(a) of this section does not apply if the	27514
vendor's payment under division (B)(1) of this section is equal to	27515
or greater than seventy-five per cent of the vendor's reported	27516
liability for the same month in the immediately preceding calendar	27517
year.	27518

(2) ~~If a vendor required by this section to remit taxes by~~	27519
~~electronic funds transfer remits those taxes by some means other~~	27520
~~than by electronic funds transfer as prescribed by this section~~	27521
~~and the rules adopted by the treasurer of state, and the treasurer~~	27522
~~of state determines that such failure was not due to reasonable~~	27523
~~cause or was due to willful neglect, the treasurer of state shall~~	27524
~~notify the tax commissioner of the failure to remit by electronic~~	27525
~~funds transfer and shall provide the commissioner with any~~	27526
~~information used in making that determination. The tax~~	27527
~~commissioner may impose an additional charge not to exceed the~~	27528
~~lesser of five per cent of the amount of the taxes required to be~~	27529
~~paid by electronic funds transfer or five thousand dollars.~~	27530

~~(3)~~ Any additional charge imposed under division (D)(1) or	27531
~~(2)~~ of this section is in addition to any other penalty or charge	27532
imposed under this chapter, and shall be considered as revenue	27533
arising from taxes imposed under this chapter. An additional	27534
charge may be collected by assessment in the manner prescribed by	27535
section 5739.13 of the Revised Code. The tax commissioner may	27536
waive all or a portion of such a charge and may adopt rules	27537
governing such waiver.	27538

~~No additional charge shall be imposed under division (D)(2)~~	27539
~~of this section against a vendor that has been notified of its~~	27540
~~obligation to remit taxes under this section and that remits its~~	27541
~~first two tax payments after such notification by some means other~~	27542
~~than electronic funds transfer. The additional charge may be~~	27543
~~imposed upon the remittance of any subsequent tax payment that the~~	27544
~~vendor remits by some means other than electronic funds transfer.~~	27545

Sec. 5739.124. (A) If required by the tax commissioner, a	27546
~~person~~permit holder required to make payments ~~by electronic funds~~	27547
~~transfer~~ under section 5739.032 ~~or 5739.122~~ of the Revised Code	27548
shall file all returns and reports electronically. The	27549
commissioner may require the ~~person~~permit holder to use the Ohio	27550
business gateway, as defined in section 718.051 of the Revised	27551
Code, or any other electronic means approved by the commissioner,	27552
to file the returns and reports, or to remit the tax, in lieu of	27553
the manner prescribed ~~by the treasurer of state~~ under ~~sections~~	27554
section 5739.032 ~~and 5739.122~~ of the Revised Code.	27555

(B) A person required under this section to file reports and	27556
returns electronically may apply to the tax commissioner to be	27557
excused from that requirement. Applications shall be made on a	27558
form prescribed by the commissioner. The commissioner may approve	27559
the application for good cause.	27560

(C)(1) If a person required to file a report or return	27561
electronically under this section fails to do so, the tax	27562
commissioner may impose an additional charge not to exceed the	27563
following:	27564

(a) For each of the first two failures, five per cent of the	27565
amount required to be reported on the report or return;	27566

(b) For the third and any subsequent failure, ten per cent of	27567
the amount required to be reported on the report or return.	27568

(2) The charges authorized under division (C)(1) of this	27569
section are in addition to any other charge or penalty authorized	27570
under this chapter, and shall be considered as revenue arising	27571
from taxes imposed under this chapter. An additional charge may be	27572
collected by assessment in the manner prescribed by section	27573
5739.13 of the Revised Code. The commissioner may waive all or a	27574
portion of such a charge and may adopt rules governing such	27575
waiver.	27576

Sec. 5739.21. (A) One hundred per cent of all money	27577
deposited into the state treasury under sections 5739.01 to	27578
5739.31 of the Revised Code ~~and~~that is not required to be	27579
distributed as provided in section 5739.102 of the Revised Code or	27580
division (B) of this section shall be credited to the general	27581
revenue fund.	27582

(B)(1) In any case where any county or transit authority has	27583
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	27584
5739.026 of the Revised Code, the tax commissioner shall, within	27585
forty-five days after the end of each month, determine and certify	27586
to the director of budget and management the amount of the	27587
proceeds of such tax or taxes received during that month from	27588
billings and assessments, or associated with tax returns or	27589
reports filed during that month, to be returned to the county or	27590
transit authority levying the tax or taxes. The amount to be	27591
returned to each county and transit authority shall be a fraction	27592
of the aggregate amount of money collected with respect to each	27593
area in which one or more of such taxes are concurrently in effect	27594
with the tax levied by section 5739.02 of the Revised Code. The	27595
numerator of the fraction is the rate of the tax levied by the	27596
county or transit authority and the denominator of the fraction is	27597
the aggregate rate of such taxes applicable to such area. The	27598
amount to be returned to each county or transit authority shall be	27599
reduced by the amount of any refunds of county or transit	27600
authority tax paid pursuant to section 5739.07 of the Revised Code	27601
during the same month, or transfers made pursuant to division	27602
(B)(2) of section 5703.052 of the Revised Code.	27603

(2) On a periodic basis, using the best information	27604
available, the tax commissioner shall distribute any amount of a	27605
county or transit authority tax that cannot be distributed under	27606
division (B)(1) of this section. Through audit or other means, the	27607
commissioner shall attempt to obtain the information necessary to	27608
make the distribution as provided under that division and, on	27609
receipt of that information, shall make adjustments to	27610
distributions previously made under this division.	27611

(3) Beginning July 1, 2008, eight and thirty-three	27612
one-hundredths of one per cent of the revenue collected from the	27613
tax due under division (A) of section 5739.029 of the Revised Code	27614
shall be distributed to the county where the sale of the motor	27615
vehicle is sitused under section 5739.035 of the Revised Code. The	27616
amount to be so distributed to the county shall be apportioned on	27617
the basis of the rates of taxes the county levies pursuant to	27618
sections 5739.021 and 5739.026 of the Revised Code, as applicable,	27619
and shall be credited to the funds of the county as provided in	27620
divisions (A) and (B) of section 5739.211 of the Revised Code.	27621

(C) The aggregate amount to be returned to any county or	27622
transit authority shall be reduced by one per cent, which shall be	27623
certified directly to the credit of the local sales tax	27624
administrative fund, which is hereby created in the state	27625
treasury. For the purpose of determining the amount to be returned	27626
to a county and transit authority in which the rate of tax imposed	27627
by the transit authority has been reduced under section 5739.028	27628
of the Revised Code, the tax commissioner shall use the respective	27629
rates of tax imposed by the county or transit authority that	27630
results from the change in the rates authorized under that	27631
section.	27632

(D) The director of budget and management shall transfer,	27633
from the same funds and in the same proportions specified in	27634
division (A) of this section, to the permissive tax distribution	27635
fund created by division (B)(1) of section 4301.423 of the Revised	27636
Code and to the local sales tax administrative fund, the amounts	27637
certified by the tax commissioner. The tax commissioner shall	27638
then, on or before the twentieth day of the month in which such	27639
certification is made, provide for payment of such respective	27640
amounts to the county treasurer and to the fiscal officer of the	27641
transit authority levying the tax or taxes. The amount transferred	27642
to the local sales tax administrative fund is for use by the tax	27643
commissioner in defraying costs incurred in administering such	27644
taxes levied by a county or transit authority.	27645

Sec. 5741.04. Every seller required to register with the tax	27646
commissioner pursuant to section 5741.17 of the Revised Code who	27647
is engaged in the business of selling tangible personal property	27648
in this state for storage, use, or other consumption in this	27649
state, to which section 5741.02 of the Revised Code applies, or	27650
which is subject to a tax levied pursuant to section 5741.021,	27651
5741.022, or 5741.023 of the Revised Code, shall, and any other	27652
seller who is authorized by rule of the tax commissioner to do so	27653
may, collect from the consumer the full and exact amount of the	27654
tax payable on each such storage, use, or consumption, in the	27655
manner and at the times provided as follows:	27656

(A) If the price is, at or prior to the delivery of	27657
possession of the thing sold to the consumer, paid in currency	27658
passed from hand to hand by the consumer, or ~~his~~the consumer's	27659
agent, to the seller, or ~~his~~the seller's agent, the seller or ~~his~~	27660
the seller's agent shall collect the tax with and at the same time	27661
as the price.	27662

(B) If the price is otherwise paid or to be paid, the seller	27663
or ~~his~~the seller's agent shall, at or prior to the delivery of	27664
possession of the thing sold to the consumer, charge the tax	27665
imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or	27666
5741.023 of the Revised Code to the account of the consumer, which	27667
amount shall be collected by the seller from the consumer in	27668
addition to the price. Such transaction shall be reported on the	27669
return for the period in which the transaction occurred, and the	27670
amount of tax applicable to the transaction shall be remitted with	27671
the return or, if the consumer is subject to section 5741.121 of	27672
the Revised Code, ~~by electronic funds transfer as~~in the manner	27673
prescribed by that section. The amount of the tax shall become a	27674
legal charge in favor of the seller and against the consumer.	27675

(C) It shall be the obligation of each consumer, as required	27676
by section 5741.12 of the Revised Code, to report and pay the	27677
taxes levied by sections 5741.021, 5741.022, and 5741.023 of the	27678
Revised Code, if applicable, on any storage, use, or other	27679
consumption of tangible personal property purchased in this state	27680
from a vendor required to be licensed pursuant to section 5739.17	27681
of the Revised Code.	27682

Sec. 5741.12. (A) Each seller required by section 5741.17 of	27683
the Revised Code to register with the tax commissioner, and any	27684
seller authorized by the commissioner to collect the tax imposed	27685
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	27686
of the Revised Code is subject to the same requirements and	27687
entitled to the same deductions and discount for prompt payments	27688
as are vendors under section 5739.12 of the Revised Code, and the	27689
same monetary allowances as are vendors under section 5739.06 of	27690
the Revised Code. The powers and duties of the commissioner ~~and~~	27691
~~the treasurer of state~~ with respect to returns and tax remittances	27692
under this section shall be identical with those prescribed in	27693
section 5739.12 of the Revised Code.	27694

(B) Every person storing, using, or consuming tangible	27695
personal property or receiving the benefit of a service, the	27696
storage, use, consumption, or receipt of which is subject to the	27697
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	27698
or 5741.023 of the Revised Code, when such tax was not paid to a	27699
seller, shall, on or before the twenty-third day of each month,	27700
file with the tax commissioner a return for the preceding month in	27701
such form as is prescribed by the commissioner, showing such	27702
information as the commissioner deems necessary, and shall pay the	27703
tax shown on the return to be due. Remittance shall be made	27704
payable to the treasurer of state. The commissioner may require	27705
consumers to file returns and pay the tax at other than monthly	27706
intervals, if the commissioner determines that such filing is	27707
necessary for the efficient administration of the tax. If the	27708
commissioner determines that a consumer's tax liability is not	27709
such as to merit monthly filing, the commissioner may authorize	27710
the consumer to file returns and pay tax at less frequent	27711
intervals.	27712

Any consumer required to file a return and pay the tax under	27713
this section whose payment for any year ~~indicated in~~equals or	27714
exceeds the amount shown in division (A) of section 5741.121 of	27715
the Revised Code ~~equals or exceeds the amount shown in that~~	27716
~~section shall make each payment required by this section in the~~	27717
~~second ensuing and each succeeding year by means of electronic~~	27718
~~funds transfer as prescribed by, and on or before the dates~~	27719
~~specified in, section 5741.121 of the Revised Code, except as~~	27720
~~otherwise prescribed by~~is subject to the accelerated tax payment	27721
requirements in divisions (B) and (C) of that section.	27722

(C) Every person storing, using, or consuming a motor	27723
vehicle, watercraft, or outboard motor, the ownership of which	27724
must be evidenced by certificate of title, shall file the return	27725
required by this section and pay the tax due at or prior to the	27726
time of filing an application for certificate of title.	27727

Sec. 5741.121. (A) If the total amount of tax required to be	27728
paid by a seller or consumer under section 5741.12 of the Revised	27729
Code for any year equals or exceeds seventy-five thousand dollars,	27730
the seller or consumer shall remit each monthly tax payment in the	27731
second ensuing and each succeeding year ~~by electronic funds~~	27732
~~transfer~~on an accelerated basis as prescribed by division (B) of	27733
this section.	27734

If a seller's or consumer's tax payment for each of two	27735
consecutive years is less than seventy-five thousand dollars, the	27736
seller or consumer is relieved of the requirement to remit taxes	27737
~~by electronic funds transfer~~on an accelerated basis for the year	27738
that next follows the second of the consecutive years in which	27739
the tax payment is less than that amount, and is relieved of that	27740
requirement for each succeeding year, unless the tax payment in a	27741
subsequent year equals or exceeds seventy-five thousand dollars.	27742

The tax commissioner shall notify each seller or consumer	27743
required to ~~remit taxes by electronic funds transfer~~make	27744
accelerated tax payments of the seller's or consumer's obligation	27745
to do so,and shall maintain an updated list of those sellers and	27746
consumers~~, and shall timely certify the list and any additions~~	27747
~~thereto or deletions therefrom to the treasurer of state~~.	27748
Failure by the tax commissioner to notify a seller or consumer	27749
subject to this section to remit taxes ~~by electronic funds~~	27750
~~transfer~~on an accelerated basis does not relieve the seller or	27751
consumer of the obligation to remit taxes ~~by electronic funds~~	27752
~~transfer~~as provided under division (B) of this section.	27753

(B) Sellers and consumers required by division (A) of this	27754
section to ~~remit~~make accelerated tax payments ~~by electronic funds~~	27755
~~transfer~~ shall electronically remit such payments to the	27756
~~treasurer of state~~tax commissioner, in ~~the~~a manner ~~prescribed~~	27757
~~by this section and rules adopted~~approved by the ~~treasurer of~~	27758
~~state under section 113.061 of the Revised Code, and~~	27759
commissioner, as follows:	27760

(1) On or before the twenty-third day of each month, a seller	27761
or consumer shall remit an amount equal to seventy-five per cent	27762
of the anticipated tax liability for that month.	27763

(2) On or before the twenty-third day of each month, a seller	27764
shall report the taxes collected and a consumer shall report the	27765
taxes due for the previous month and shall remit that amount, less	27766
any amounts paid for that month as required by division (B)(1) of	27767
this section.	27768

The payment of taxes ~~by electronic funds transfer~~on an	27769
accelerated basis under this section does not affect a seller's	27770
or consumer's obligation to file ~~the monthly return~~returns and	27771
pay the tax shown on the returns to be due as required under	27772
section 5741.12 of the Revised Code.	27773

(C) A seller or consumer required by this section to remit	27774
taxes ~~by electronic funds transfer~~on an accelerated basis may	27775
apply to the ~~treasurer of state~~tax commissioner in the manner	27776
prescribed by the ~~treasurer of state~~commissioner to be excused	27777
from that requirement. The ~~treasurer of state~~commissioner may	27778
excuse the seller or consumer from remittance ~~by electronic funds~~	27779
~~transfer~~on an accelerated basis for good cause shown for the	27780
period of time requested by the seller or consumer or for a	27781
portion of that period. ~~The treasurer of state shall notify the~~	27782
~~tax commissioner and the seller or consumer of the treasurer of~~	27783
~~state's decision as soon as is practicable.~~	27784

(D)(1)(a) If a seller or consumer that is required to remit	27785
payments under division (B) of this section fails to make a	27786
payment required under division (B)(1) of this section, or makes a	27787
payment under division (B)(1) of this section that is less than	27788
seventy-five per cent of the actual liability for that month, the	27789
commissioner may impose an additional charge not to exceed five	27790
per cent of that unpaid amount.	27791

(b) Division (D)(1)(a) of this section does not apply if the	27792
seller's or consumer's payment under division (B)(1) of this	27793
section is equal to or greater than seventy-five per cent of the	27794
seller's or consumer's reported liability for the same month in	27795
the immediately preceding calendar year.	27796

(2) ~~If a seller or consumer required by this section to remit~~	27797
~~taxes by electronic funds transfer remits those taxes by some~~	27798
~~means other than by electronic funds transfer as prescribed by the~~	27799
~~rules adopted by the treasurer of state, and the treasurer of~~	27800
~~state determines that such failure was not due to reasonable cause~~	27801
~~or was due to willful neglect, the treasurer of state shall notify~~	27802
~~the tax commissioner of the failure to remit by electronic funds~~	27803
~~transfer and shall provide the commissioner with any information~~	27804
~~used in making that determination. The tax commissioner may impose~~	27805
~~an additional charge not to exceed the lesser of five per cent of~~	27806
~~the amount of the taxes required to be paid by electronic funds~~	27807
~~transfer or five thousand dollars.~~	27808

~~(3)~~ Any additional charge imposed under division (D)(1) of	27809
this section is in addition to any other penalty or charge	27810
imposed under this chapter, and shall be considered as revenue	27811
arising from taxes imposed under this chapter. An additional	27812
charge may be collected by assessment in the manner prescribed by	27813
section 5741.13 of the Revised Code. The tax commissioner may	27814
waive all or a portion of such a charge and may adopt rules	27815
governing such waiver.	27816

~~No additional charge shall be imposed under division (D)(2)~~	27817
~~of this section against a seller or consumer that has been~~	27818
~~notified of the obligation to remit taxes under this section and~~	27819
~~that remits its first two tax payments after such notification by~~	27820
~~some means other than electronic funds transfer. The additional~~	27821
~~charge may be imposed upon the remittance of any subsequent tax~~	27822
~~payment that the seller or consumer remits by some means other~~	27823
~~than electronic funds transfer.~~	27824

Sec. 5741.122. (A) If required by the tax commissioner, a	27825
person required to make payments ~~by electronic funds transfer~~	27826
under section ~~5739.032 or~~ 5741.121 of the Revised Code shall file	27827
all returns and reports electronically. The commissioner may	27828
require the person to use the Ohio business gateway, as defined	27829
in section 718.051 of the Revised Code, or any other electronic	27830
means approved by the commissioner, to file the returns and	27831
reports, or to remit the tax, in lieu of the manner prescribed	27832
~~by the treasurer of state~~ under ~~sections 5739.032 and~~section	27833
5741.121 of the Revised Code.	27834

(B) A person required under this section to file reports and	27835
returns electronically may apply to the tax commissioner to be	27836
excused from that requirement. Applications shall be made on a	27837
form prescribed by the commissioner. The commissioner may approve	27838
the application for good cause.	27839

(C)(1) If a person required to file a report or return	27840
electronically under this section fails to do so, the tax	27841
commissioner may impose an additional charge not to exceed the	27842
following:	27843

(a) For each of the first two failures, five per cent of the	27844
amount required to be reported on the report or return;	27845

(b) For the third and any subsequent failure, ten per cent of	27846
the amount required to be reported on the report or return.	27847

(2) The charges authorized under division (C)(1) of this	27848
section are in addition to any other charge or penalty authorized	27849
under this chapter, and shall be considered as revenue arising	27850
from taxes imposed under this chapter. An additional charge may be	27851
collected by assessment in the manner prescribed by section	27852
5741.13 of the Revised Code. The commissioner may waive all or a	27853
portion of such a charge and may adopt rules governing such	27854
waiver.	27855

Sec. 5743.021. (A) As used in this section, "qualifying	27856
regional arts and cultural district" means a regional arts and	27857
cultural district created under section 3381.04 of the Revised	27858
Code in a county having a population of one million two hundred	27859
thousand or more according to the 2000 federal decennial census.	27860

(B) For one or more of the purposes for which a tax may be	27861
levied under section 3381.16 of the Revised Code and for the	27862
purposes of paying the expenses of administering the tax and the	27863
expenses charged by a board of elections to hold an election on a	27864
question submitted under this section, the board of county	27865
commissioners of a county that has within its territorial	27866
boundaries a qualifying regional arts and cultural district may	27867
levy a tax on the sale of cigarettes sold for resale at retail in	27868
the county composing the district. The rate of the tax, when added	27869
to the rate of any other tax concurrently levied by the board	27870
under this section, shall not exceed fifteen mills per cigarette,	27871
and shall be computed on each cigarette sold. Only one sale of the	27872
same article shall be used in computing the amount of tax due. The	27873
tax may be levied for any number of years not exceeding ten years.	27874

The tax shall be levied pursuant to a resolution of the board	27875
of county commissioners approved by a majority of the electors in	27876
the county voting on the question of levying the tax. The	27877
resolution shall specify the rate of the tax, the number of years	27878
the tax will be levied, and the purposes for which the tax is	27879
levied. The election may be held on the date of a general,	27880
primary, or special election held not sooner than seventy-five	27881
days after the date the board certifies its resolution to the	27882
board of elections. If approved by the electors, the tax shall	27883
take effect on the first day of the month specified in the	27884
resolution but not sooner than the first day of the month that is	27885
at least sixty days after the certification of the election	27886
results by the board of elections. A copy of the resolution	27887
levying the tax shall be certified to the tax commissioner at	27888
least sixty days prior to the date on which the tax is to become	27889
effective.	27890

(C) The form of the ballot in an election held under this	27891
section shall be as follows, or in any other form acceptable to	27892
the secretary of state:	27893

"For the purpose of .......... (insert the purpose or	27894
purposes of the tax), shall an excise tax be levied throughout	27895
.......... County for the benefit of the ........... (name of the	27896
qualifying regional arts and cultural district) on the sale of	27897
cigarettes at wholesale at the rate of .... mills per cigarette	27898
for ..... years?	27899

27900

		For the tax			27901
		Against the tax	"		27902

(D) The treasurer of state shall credit all moneys arising	27903
from taxes levied on behalf of each district under this section	27904
and section 5743.321 of the Revised Code as follows:	27905

(1) To the tax refund fund created by section 5703.052 of the	27906
Revised Code, amounts equal to the refunds from each tax levied	27907
under this section certified by the tax commissioner pursuant to	27908
section 5743.05 of the Revised Code;	27909

(2) Following the crediting of amounts pursuant to division	27910
(D)(1) of this section:	27911

(a) To the permissive tax distribution fund created under	27912
section 4301.423 of the Revised Code, an amount equal to	27913
ninety-eight per cent of the remainder collected;	27914

(b) To the local excise tax administrative fund, which is	27915
hereby created in the state treasury, an amount equal to two per	27916
cent of such remainder, for use by the tax commissioner in	27917
defraying costs incurred in administering the tax.	27918

On or before the second working day of each month, the	27919
treasurer of state shall certify to the tax commissioner the	27920
amount of taxes levied on behalf of each district under sections	27921
5743.021 and 5743.321 of the Revised Code and paid to the	27922
treasurer of state during the preceding month.	27923

On or before the tenth day of each month, the tax	27924
commissioner shall distribute the amount credited to the	27925
permissive tax distribution fund during the preceding month by	27926
providing for payment of the appropriate amount to the county	27927
treasurer of the county in which the tax is levied.	27928

(E) No tax shall be levied under this section on or after the	27929
effective date of the amendment of this section by the capital	27930
appropriations act of the 127th general assembly. This division	27931
does not prevent the collection of any tax levied under this	27932
section before that date so long as that tax remains effective.	27933

Sec. 5743.024. (A) For the purposes of section 307.696 of	27934
the Revised Code, to pay the expenses of administering the tax,	27935
and to pay any or all of the charge the board of elections makes	27936
against the county to hold the election on the question of levying	27937
the tax, or for such purposes and to provide revenues to the	27938
county for permanent improvements, the board of county	27939
commissioners may levy a tax on sales of cigarettes sold for	27940
resale at retail in the county. The tax shall not exceed two and	27941
twenty-five hundredths of a mill per cigarette, and shall be	27942
computed on each cigarette sold. The tax may be levied for any	27943
number of years not exceeding twenty. Only one sale of the same	27944
article shall be used in computing the amount of tax due.	27945

The tax shall be levied pursuant to a resolution of the	27946
county commissioners approved by a majority of the electors in the	27947
county voting on the question of levying the tax. The resolution	27948
shall specify the rate of the tax, the number of years the tax	27949
will be levied, and the purposes for which the tax is levied. Such	27950
election may be held on the date of a general or special election	27951
held not sooner than seventy-five days after the date the board	27952
certifies its resolution to the board of elections. If approved by	27953
the electors, the tax shall take effect on the first day of the	27954
month specified in the resolution but not sooner than the first	27955
day of the month that is at least sixty days after the	27956
certification of the election results by the board of elections. A	27957
copy of the resolution levying the tax shall be certified to the	27958
tax commissioner at least sixty days prior to the date on which	27959
the tax is to become effective.	27960

A resolution under this section may be joined on the ballot	27961
as a single question with a resolution adopted under section	27962
307.697 or 4301.421 of the Revised Code to levy a tax for the same	27963
purposes and for the purpose of paying the expenses of	27964
administering the tax. The form of the ballot in an election held	27965
pursuant to this section shall be as prescribed in section 307.697	27966
of the Revised Code.	27967

(B) The treasurer of state shall credit all moneys arising	27968
from each county's taxes levied under this section and section	27969
5743.323 of the Revised Code as follows:	27970

(1) To the tax refund fund created by section 5703.052 of the	27971
Revised Code, amounts equal to the refunds from each tax levied	27972
under this section certified by the tax commissioner pursuant to	27973
section 5743.05 of the Revised Code;	27974

(2) Following the crediting of amounts pursuant to division	27975
(B)(1) of this section:	27976

(a) To the permissive tax distribution fund created by	27977
division (B)(1) of section 4301.423 of the Revised Code, an amount	27978
equal to ninety-eight per cent of the remainder collected;	27979

(b) To the local excise tax administrative fund, which is	27980
hereby created in the state treasury, an amount equal to two per	27981
cent of such remainder, for use by the tax commissioner in	27982
defraying costs incurred in administering the tax.	27983

On or before the second working day of each month, the	27984
treasurer of state shall certify to the tax commissioner the	27985
amount of each county's taxes levied under sections 5743.024 and	27986
5743.323 and paid to the treasurer of state during the preceding	27987
month.	27988

On or before the tenth day of each month, the tax	27989
commissioner shall distribute the amount credited to the	27990
permissive tax distribution fund during the preceding month by	27991
providing for payment of the appropriate amount to the county	27992
treasurer of each county levying the tax.	27993

(C) The board of county commissioners of a county in which a	27994
tax is imposed under this section on ~~the effective date of this~~	27995
~~amendment~~July 19, 1995, may levy a tax for the purpose of section	27996
307.673 of the Revised Code regardless of whether or not the	27997
cooperative agreement authorized under that section has been	27998
entered into prior to the day the resolution adopted under	27999
division (C)(1) or (2) of this section is adopted, and for the	28000
purpose of reimbursing a county for costs incurred in the	28001
construction of a sports facility pursuant to an agreement entered	28002
into by the county under section 307.696 of the Revised Code. The	28003
tax shall be levied and approved in one of the manners prescribed	28004
by division (C)(1) or (2) of this section.	28005

(1) The tax may be levied pursuant to a resolution adopted by	28006
a majority of the members of the board of county commissioners not	28007
later than forty-five days after ~~the effective date of this~~	28008
~~amendment~~July 19, 1995. A board of county commissioners approving	28009
a tax under division (C)(1) of this section may approve a tax	28010
under division (D)(1) of section 307.697 or division (B)(1) of	28011
section 4301.421 of the Revised Code at the same time. Subject to	28012
the resolution being submitted to a referendum under sections	28013
305.31 to 305.41 of the Revised Code, the resolution shall take	28014
effect immediately, but the tax levied pursuant to the resolution	28015
shall not be levied prior to the day following the last day taxes	28016
levied pursuant to division (A) of this section may be levied.	28017

(2) The tax may be levied pursuant to a resolution adopted by	28018
a majority of the members of the board of county commissioners not	28019
later than forty-five days after ~~the effective date of this~~	28020
~~amendment~~July 19, 1995, and approved by a majority of the	28021
electors of the county voting on the question of levying the tax	28022
at the next succeeding general election following ~~the effective~~	28023
~~date of this amendment~~July 19, 1995. The board of county	28024
commissioners shall certify a copy of the resolution to the board	28025
of elections immediately upon adopting a resolution under division	28026
(C)(2) of this section, and the board of elections shall place the	28027
question of levying the tax on the ballot at that election. The	28028
form of the ballot shall be as prescribed by division (C) of	28029
section 307.697 of the Revised Code, except that the phrase	28030
"paying not more than one-half of the costs of providing a sports	28031
facility together with related redevelopment and economic	28032
development projects" shall be replaced by the phrase "paying the	28033
costs of constructing or renovating a sports facility and	28034
reimbursing a county for costs incurred by the county in the	28035
construction of a sports facility," and the phrase ", beginning	28036
.......... (here insert the earliest date the tax would take	28037
effect)" shall be appended after "years." A board of county	28038
commissioners submitting the question of a tax under division	28039
(C)(2) of this section may submit the question of a tax under	28040
division (D)(2) of section 307.697 or division (B)(2) of section	28041
4301.421 of the Revised Code as a single question, and the form of	28042
the ballot shall include each of the proposed taxes.	28043

If approved by a majority of electors voting on the question,	28044
the tax shall take effect on the day specified on the ballot,	28045
which shall not be earlier than the day following the last day the	28046
tax levied pursuant to division (A) of this section may be levied.	28047

The rate of a tax levied pursuant to division (C)(1) or (2)	28048
of this section shall not exceed the rate specified in division	28049
(A) of this section. A tax levied pursuant to division (C)(1) or	28050
(2) of this section may be levied for any number of years not	28051
exceeding twenty.	28052

A board of county commissioners adopting a resolution under	28053
this division shall certify a copy of the resolution to the tax	28054
commissioner immediately upon adoption of the resolution.	28055

(E) No tax shall be levied under this section on or after the	28056
effective date of the amendment of this section by the capital	28057
appropriations act of the 127th general assembly. This division	28058
does not prevent the collection of any tax levied under this	28059
section before that date so long as that tax remains effective.	28060

Sec. 5743.321. For the same purposes for which it levies a	28061
tax under section 5743.021 of the Revised Code, the board of	28062
county commissioners of a county that has within its territorial	28063
boundaries a qualifying regional arts and cultural district and	28064
that levies a tax under that section, by resolution adopted by a	28065
majority of the board, shall levy a tax at the same rate on the	28066
use, consumption, or storage for consumption of cigarettes by	28067
consumers in the county in which that tax is levied, provided that	28068
the tax shall not apply if the tax levied by section 5743.021 of	28069
the Revised Code has been paid. The tax shall take effect on the	28070
date that a tax levied under that section takes effect, and shall	28071
remain in effect as long as the tax levied under that section	28072
remains effective.	28073

No tax shall be levied under this section on or after the	28074
effective date of the amendment of this section by the capital	28075
appropriations act of the 127th general assembly. This paragraph	28076
does not prevent the collection of any tax levied under this	28077
section before that date so long as that tax remains effective.	28078

Sec. 5743.323. For the purposes of section 307.696 of the	28079
Revised Code and to pay the expenses of levying the tax or for	28080
such purposes and to provide revenues to the county for permanent	28081
improvements, the board of county commissioners of a county that	28082
levies a tax under division (A) or (C) of section 5743.024 of the	28083
Revised Code shall by resolution adopted by a majority of the	28084
board levy a tax at the same rate on the use, consumption, or	28085
storage for consumption of cigarettes by consumers in the county,	28086
provided that the tax shall not apply if the tax levied by	28087
division (A) or (C) of section 5743.024 of the Revised Code has	28088
been paid. The tax shall take effect on the date that a tax levied	28089
under division (A) or (C) of section 5743.024 of the Revised Code	28090
takes effect, and shall remain in effect as long as the tax levied	28091
under such division remains effective.	28092

No tax shall be levied under this section on or after the	28093
effective date of the amendment of this section by the capital	28094
appropriations act of the 127th general assembly. This paragraph	28095
does not prevent the collection of any tax levied under this	28096
section before that date so long as that tax remains effective.	28097

Sec. 5745.05. (A) Prior to the first day of March, June,	28098
September, and December, the tax commissioner shall certify to the	28099
director of budget and management the amount to be paid to each	28100
municipal corporation, as indicated on the declaration of	28101
estimated tax reports and annual reports received under sections	28102
5745.03 and 5745.04 of the Revised Code, less any amounts	28103
previously distributed and net of any audit adjustments made by	28104
the tax commissioner. Not later than the first day of March, June,	28105
September, and December, the director of budget and management	28106
shall provide for payment of the amount certified to each	28107
municipal corporation from the municipal income tax fund, plus a	28108
pro rata share of any investment earnings accruing to the fund	28109
since the previous payment under this section apportioned among	28110
municipal corporations entitled to such payments in proportion to	28111
the amount certified by the tax commissioner. All investment	28112
earnings on money in the municipal income tax fund shall be	28113
credited to that fund.	28114

(B) If the tax commissioner determines that the amount of tax	28115
paid by a taxpayer and distributed to a municipal corporation	28116
under this section for a taxable year exceeds the amount payable	28117
to that municipal corporation under this chapter after accounting	28118
for amounts remitted with the annual report and as estimated	28119
taxes, the tax commissioner shall permit the taxpayer to credit	28120
the excess against the taxpayer's payments to the municipal	28121
corporation of estimated taxes remitted for an ensuing taxable	28122
year under section 5745.04 of the Revised Code. If, upon the	28123
written request of the taxpayer, the tax commissioner determines	28124
that the excess to be so credited is likely to exceed the amount	28125
of estimated taxes payable by the taxpayer to the municipal	28126
corporation during the ensuing twelve months, the tax commissioner	28127
shall so notify the municipal corporation and the municipal	28128
corporation shall issue a refund of the excess to the taxpayer	28129
within ninety days after receiving such a notice. Interest shall	28130
accrue on the amount to be refunded and is payable to the taxpayer	28131
at the rate per annum prescribed by section 5703.47 of the Revised	28132
Code from the ninety-first day after the notice is received by the	28133
municipal corporation until the day the refund is paid.	28134
Immediately after notifying a municipal corporation under this	28135
division of an excess to be refunded, the commissioner also shall	28136
notify the director of budget and management of the amount of the	28137
excess, and the director shall transfer from the municipal income	28138
tax administrative fund to the municipal income tax fund one and	28139
one-half per cent of the amount of the excess. The commissioner	28140
shall include the transferred amount in the computation of the	28141
amount due the municipal corporation in the next certification to	28142
the director under division (A) of this section.	28143

Sec. 5747.01. Except as otherwise expressly provided or	28144
clearly appearing from the context, any term used in this chapter	28145
that is not otherwise defined in this section has the same meaning	28146
as when used in a comparable context in the laws of the United	28147
States relating to federal income taxes or if not used in a	28148
comparable context in those laws, has the same meaning as in	28149
section 5733.40 of the Revised Code. Any reference in this chapter	28150
to the Internal Revenue Code includes other laws of the United	28151
States relating to federal income taxes.	28152

As used in this chapter:

28153

(A) "Adjusted gross income" or "Ohio adjusted gross income"	28154
means federal adjusted gross income, as defined and used in the	28155
Internal Revenue Code, adjusted as provided in this section:	28156

(1) Add interest or dividends on obligations or securities of	28157
any state or of any political subdivision or authority of any	28158
state, other than this state and its subdivisions and authorities.	28159

(2) Add interest or dividends on obligations of any	28160
authority, commission, instrumentality, territory, or possession	28161
of the United States to the extent that the interest or dividends	28162
are exempt from federal income taxes but not from state income	28163
taxes.	28164

(3) Deduct interest or dividends on obligations of the United	28165
States and its territories and possessions or of any authority,	28166
commission, or instrumentality of the United States to the extent	28167
that the interest or dividends are included in federal adjusted	28168
gross income but exempt from state income taxes under the laws of	28169
the United States.	28170

(4) Deduct disability and survivor's benefits to the extent	28171
included in federal adjusted gross income.	28172

(5) Deduct benefits under Title II of the Social Security Act	28173
and tier 1 railroad retirement benefits to the extent included in	28174
federal adjusted gross income under section 86 of the Internal	28175
Revenue Code.	28176

(6) In the case of a taxpayer who is a beneficiary of a trust	28177
that makes an accumulation distribution as defined in section 665	28178
of the Internal Revenue Code, add, for the beneficiary's taxable	28179
years beginning before 2002, the portion, if any, of such	28180
distribution that does not exceed the undistributed net income of	28181
the trust for the three taxable years preceding the taxable year	28182
in which the distribution is made to the extent that the portion	28183
was not included in the trust's taxable income for any of the	28184
trust's taxable years beginning in 2002 or thereafter.	28185
"Undistributed net income of a trust" means the taxable income of	28186
the trust increased by (a)(i) the additions to adjusted gross	28187
income required under division (A) of this section and (ii) the	28188
personal exemptions allowed to the trust pursuant to section	28189
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	28190
deductions to adjusted gross income required under division (A) of	28191
this section, (ii) the amount of federal income taxes attributable	28192
to such income, and (iii) the amount of taxable income that has	28193
been included in the adjusted gross income of a beneficiary by	28194
reason of a prior accumulation distribution. Any undistributed net	28195
income included in the adjusted gross income of a beneficiary	28196
shall reduce the undistributed net income of the trust commencing	28197
with the earliest years of the accumulation period.	28198

(7) Deduct the amount of wages and salaries, if any, not	28199
otherwise allowable as a deduction but that would have been	28200
allowable as a deduction in computing federal adjusted gross	28201
income for the taxable year, had the targeted jobs credit allowed	28202
and determined under sections 38, 51, and 52 of the Internal	28203
Revenue Code not been in effect.	28204

(8) Deduct any interest or interest equivalent on public	28205
obligations and purchase obligations to the extent that the	28206
interest or interest equivalent is included in federal adjusted	28207
gross income.	28208

(9) Add any loss or deduct any gain resulting from the sale,	28209
exchange, or other disposition of public obligations to the extent	28210
that the loss has been deducted or the gain has been included in	28211
computing federal adjusted gross income.	28212

(10) Deduct or add amounts, as provided under section	28213
5747.70 of the Revised Code, related to contributions to variable	28214
college savings program accounts made or tuition units purchased	28215
pursuant to Chapter 3334. of the Revised Code.	28216

(11)(a) Deduct, to the extent not otherwise allowable as a	28217
deduction or exclusion in computing federal or Ohio adjusted gross	28218
income for the taxable year, the amount the taxpayer paid during	28219
the taxable year for medical care insurance and qualified	28220
long-term care insurance for the taxpayer, the taxpayer's spouse,	28221
and dependents. No deduction for medical care insurance under	28222
division (A)(11) of this section shall be allowed either to any	28223
taxpayer who is eligible to participate in any subsidized health	28224
plan maintained by any employer of the taxpayer or of the	28225
taxpayer's spouse, or to any taxpayer who is entitled to, or on	28226
application would be entitled to, benefits under part A of Title	28227
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	28228
301, as amended. For the purposes of division (A)(11)(a) of this	28229
section, "subsidized health plan" means a health plan for which	28230
the employer pays any portion of the plan's cost. The deduction	28231
allowed under division (A)(11)(a) of this section shall be the net	28232
of any related premium refunds, related premium reimbursements, or	28233
related insurance premium dividends received during the taxable	28234
year.	28235

(b) Deduct, to the extent not otherwise deducted or excluded	28236
in computing federal or Ohio adjusted gross income during the	28237
taxable year, the amount the taxpayer paid during the taxable	28238
year, not compensated for by any insurance or otherwise, for	28239
medical care of the taxpayer, the taxpayer's spouse, and	28240
dependents, to the extent the expenses exceed seven and one-half	28241
per cent of the taxpayer's federal adjusted gross income.	28242

(c) For purposes of division (A)(11) of this section,	28243
"medical care" has the meaning given in section 213 of the	28244
Internal Revenue Code, subject to the special rules, limitations,	28245
and exclusions set forth therein, and "qualified long-term care"	28246
has the same meaning given in section 7702B(c) of the Internal	28247
Revenue Code.	28248

(12)(a) Deduct any amount included in federal adjusted gross	28249
income solely because the amount represents a reimbursement or	28250
refund of expenses that in any year the taxpayer had deducted as	28251
an itemized deduction pursuant to section 63 of the Internal	28252
Revenue Code and applicable United States department of the	28253
treasury regulations. The deduction otherwise allowed under	28254
division (A)(12)(a) of this section shall be reduced to the extent	28255
the reimbursement is attributable to an amount the taxpayer	28256
deducted under this section in any taxable year.	28257

(b) Add any amount not otherwise included in Ohio adjusted	28258
gross income for any taxable year to the extent that the amount is	28259
attributable to the recovery during the taxable year of any amount	28260
deducted or excluded in computing federal or Ohio adjusted gross	28261
income in any taxable year.	28262

(13) Deduct any portion of the deduction described in section	28263
1341(a)(2) of the Internal Revenue Code, for repaying previously	28264
reported income received under a claim of right, that meets both	28265
of the following requirements:	28266

(a) It is allowable for repayment of an item that was	28267
included in the taxpayer's adjusted gross income for a prior	28268
taxable year and did not qualify for a credit under division (A)	28269
or (B) of section 5747.05 of the Revised Code for that year;	28270

(b) It does not otherwise reduce the taxpayer's adjusted	28271
gross income for the current or any other taxable year.	28272

(14) Deduct an amount equal to the deposits made to, and net	28273
investment earnings of, a medical savings account during the	28274
taxable year, in accordance with section 3924.66 of the Revised	28275
Code. The deduction allowed by division (A)(14) of this section	28276
does not apply to medical savings account deposits and earnings	28277
otherwise deducted or excluded for the current or any other	28278
taxable year from the taxpayer's federal adjusted gross income.	28279

(15)(a) Add an amount equal to the funds withdrawn from a	28280
medical savings account during the taxable year, and the net	28281
investment earnings on those funds, when the funds withdrawn were	28282
used for any purpose other than to reimburse an account holder	28283
for, or to pay, eligible medical expenses, in accordance with	28284
section 3924.66 of the Revised Code;	28285

(b) Add the amounts distributed from a medical savings	28286
account under division (A)(2) of section 3924.68 of the Revised	28287
Code during the taxable year.	28288

(16) Add any amount claimed as a credit under section	28289
5747.059 of the Revised Code to the extent that such amount	28290
satisfies either of the following:	28291

(a) The amount was deducted or excluded from the computation	28292
of the taxpayer's federal adjusted gross income as required to be	28293
reported for the taxpayer's taxable year under the Internal	28294
Revenue Code;	28295

(b) The amount resulted in a reduction of the taxpayer's	28296
federal adjusted gross income as required to be reported for any	28297
of the taxpayer's taxable years under the Internal Revenue Code.	28298

(17) Deduct the amount contributed by the taxpayer to an	28299
individual development account program established by a county	28300
department of job and family services pursuant to sections 329.11	28301
to 329.14 of the Revised Code for the purpose of matching funds	28302
deposited by program participants. On request of the tax	28303
commissioner, the taxpayer shall provide any information that, in	28304
the tax commissioner's opinion, is necessary to establish the	28305
amount deducted under division (A)(17) of this section.	28306

(18) Beginning in taxable year 2001 but not for any taxable	28307
year beginning after December 31, 2005, if the taxpayer is married	28308
and files a joint return and the combined federal adjusted gross	28309
income of the taxpayer and the taxpayer's spouse for the taxable	28310
year does not exceed one hundred thousand dollars, or if the	28311
taxpayer is single and has a federal adjusted gross income for the	28312
taxable year not exceeding fifty thousand dollars, deduct amounts	28313
paid during the taxable year for qualified tuition and fees paid	28314
to an eligible institution for the taxpayer, the taxpayer's	28315
spouse, or any dependent of the taxpayer, who is a resident of	28316
this state and is enrolled in or attending a program that	28317
culminates in a degree or diploma at an eligible institution. The	28318
deduction may be claimed only to the extent that qualified tuition	28319
and fees are not otherwise deducted or excluded for any taxable	28320
year from federal or Ohio adjusted gross income. The deduction may	28321
not be claimed for educational expenses for which the taxpayer	28322
claims a credit under section 5747.27 of the Revised Code.	28323

(19) Add any reimbursement received during the taxable year	28324
of any amount the taxpayer deducted under division (A)(18) of this	28325
section in any previous taxable year to the extent the amount is	28326
not otherwise included in Ohio adjusted gross income.	28327

(20)(a)(i) Add five-sixths of the amount of depreciation	28328
expense allowed by subsection (k) of section 168 of the Internal	28329
Revenue Code, including the taxpayer's proportionate or	28330
distributive share of the amount of depreciation expense allowed	28331
by that subsection to a pass-through entity in which the taxpayer	28332
has a direct or indirect ownership interest.	28333

(ii) Add five-sixths of the amount of qualifying section 179	28334
depreciation expense, including a person's proportionate or	28335
distributive share of the amount of qualifying section 179	28336
depreciation expense allowed to any pass-through entity in which	28337
the person has a direct or indirect ownership. For the purposes of	28338
this division, "qualifying section 179 depreciation expense" means	28339
the difference between (I) the amount of depreciation expense	28340
directly or indirectly allowed to the taxpayer under section 179	28341
of the Internal Revenue Code, and (II) the amount of depreciation	28342
expense directly or indirectly allowed to the taxpayer under	28343
section 179 of the Internal Revenue Code as that section existed	28344
on December 31, 2002.	28345

The tax commissioner, under procedures established by the	28346
commissioner, may waive the add-backs related to a pass-through	28347
entity if the taxpayer owns, directly or indirectly, less than	28348
five per cent of the pass-through entity.	28349

(b) Nothing in division (A)(20) of this section shall be	28350
construed to adjust or modify the adjusted basis of any asset.	28351

(c) To the extent the add-back required under division	28352
(A)(20)(a) of this section is attributable to property generating	28353
nonbusiness income or loss allocated under section 5747.20 of the	28354
Revised Code, the add-back shall be sitused to the same location	28355
as the nonbusiness income or loss generated by the property for	28356
the purpose of determining the credit under division (A) of	28357
section 5747.05 of the Revised Code. Otherwise, the add-back shall	28358
be apportioned, subject to one or more of the four alternative	28359
methods of apportionment enumerated in section 5747.21 of the	28360
Revised Code.	28361

(d) For the purposes of division (A) of this section, net	28362
operating loss carryback and carryforward shall not include	28363
five-sixths of the allowance of any net operating loss deduction	28364
carryback or carryforward to the taxable year to the extent such	28365
loss resulted from depreciation allowed by section 168(k) of the	28366
Internal Revenue Code and by the qualifying section 179	28367
depreciation expense amount.	28368

(21)(a) If the taxpayer was required to add an amount under	28369
division (A)(20)(a) of this section for a taxable year, deduct	28370
one-fifth of the amount so added for each of the five succeeding	28371
taxable years.	28372

(b) If the amount deducted under division (A)(21)(a) of this	28373
section is attributable to an add-back allocated under division	28374
(A)(20)(c) of this section, the amount deducted shall be sitused	28375
to the same location. Otherwise, the add-back shall be apportioned	28376
using the apportionment factors for the taxable year in which the	28377
deduction is taken, subject to one or more of the four alternative	28378
methods of apportionment enumerated in section 5747.21 of the	28379
Revised Code.	28380

(c) No deduction is available under division (A)(21)(a) of	28381
this section with regard to any depreciation allowed by section	28382
168(k) of the Internal Revenue Code and by the qualifying section	28383
179 depreciation expense amount to the extent that such	28384
depreciation resulted in or increased a federal net operating loss	28385
carryback or carryforward to a taxable year to which division	28386
(A)(20)(d) of this section does not apply.	28387

(22) Deduct, to the extent not otherwise deducted or excluded	28388
in computing federal or Ohio adjusted gross income for the taxable	28389
year, the amount the taxpayer received during the taxable year as	28390
reimbursement for life insurance premiums under section 5919.31 of	28391
the Revised Code.	28392

(23) Deduct, to the extent not otherwise deducted or excluded	28393
in computing federal or Ohio adjusted gross income for the taxable	28394
year, the amount the taxpayer received during the taxable year as	28395
a death benefit paid by the adjutant general under section 5919.33	28396
of the Revised Code.	28397

(24) Deduct, to the extent included in federal adjusted gross	28398
income and not otherwise allowable as a deduction or exclusion in	28399
computing federal or Ohio adjusted gross income for the taxable	28400
year, military pay and allowances received by the taxpayer during	28401
the taxable year for active duty service in the United States	28402
army, air force, navy, marine corps, or coast guard or reserve	28403
components thereof or the national guard. The deduction may not be	28404
claimed for military pay and allowances received by the taxpayer	28405
while the taxpayer is stationed in this state.	28406

(25) Deduct, to the extent not otherwise allowable as a	28407
deduction or exclusion in computing federal or Ohio adjusted gross	28408
income for the taxable year and not otherwise compensated for by	28409
any other source, the amount of qualified organ donation expenses	28410
incurred by the taxpayer during the taxable year, not to exceed	28411
ten thousand dollars. A taxpayer may deduct qualified organ	28412
donation expenses only once for all taxable years beginning with	28413
taxable years beginning in 2007.	28414

For the purposes of division (A)(25) of this section:

28415

(a) "Human organ" means all or any portion of a human liver,	28416
pancreas, kidney, intestine, or lung, and any portion of human	28417
bone marrow.	28418

(b) "Qualified organ donation expenses" means travel	28419
expenses, lodging expenses, and wages and salary forgone by a	28420
taxpayer in connection with the taxpayer's donation, while living,	28421
of one or more of the taxpayer's human organs to another human	28422
being.	28423

(26) Deduct, to the extent not otherwise deducted or excluded	28424
in computing federal or Ohio adjusted gross income for the taxable	28425
year, amounts received by the taxpayer as retired military	28426
personnel pay for service in the United States army, navy, air	28427
force, coast guard, or marine corps or reserve components thereof,	28428
or the national guard, or received by the surviving spouse or	28429
former spouse of such a taxpayer under the survivor benefit plan	28430
on account of such a taxpayer's death. If the taxpayer receives	28431
income on account of retirement paid under the federal civil	28432
service retirement system or federal employees retirement system,	28433
or under any successor retirement program enacted by the congress	28434
of the United States that is established and maintained for	28435
retired employees of the United States government, and such	28436
retirement income is based, in whole or in part, on credit for	28437
the taxpayer's military service, the deduction allowed under this	28438
division shall include only that portion of such retirement	28439
income that is attributable to the taxpayer's military service,	28440
to the extent that portion of such retirement income is otherwise	28441
included in federal adjusted gross income and is not otherwise	28442
deducted under this section. Any amount deducted under division	28443
(A)(26) of this section is not included in ~~the~~a taxpayer's	28444
adjusted gross income for the purposes of section 5747.055 of	28445
the Revised Code. No amount may be deducted under division	28446
(A)(26) of this section on the basis of which a credit was	28447
claimed under section 5747.055 of the Revised Code.	28448

(27) Deduct, to the extent not otherwise deducted or excluded	28449
in computing federal or Ohio adjusted gross income for the taxable	28450
year, the amount the taxpayer received during the taxable year	28451
from the military injury relief fund created in section 5101.98 of	28452
the Revised Code.	28453

(B) "Business income" means income, including gain or loss,	28454
arising from transactions, activities, and sources in the regular	28455
course of a trade or business and includes income, gain, or loss	28456
from real property, tangible property, and intangible property if	28457
the acquisition, rental, management, and disposition of the	28458
property constitute integral parts of the regular course of a	28459
trade or business operation. "Business income" includes income,	28460
including gain or loss, from a partial or complete liquidation of	28461
a business, including, but not limited to, gain or loss from the	28462
sale or other disposition of goodwill.	28463

(C) "Nonbusiness income" means all income other than business	28464
income and may include, but is not limited to, compensation, rents	28465
and royalties from real or tangible personal property, capital	28466
gains, interest, dividends and distributions, patent or copyright	28467
royalties, or lottery winnings, prizes, and awards.	28468

(D) "Compensation" means any form of remuneration paid to an	28469
employee for personal services.	28470

(E) "Fiduciary" means a guardian, trustee, executor,	28471
administrator, receiver, conservator, or any other person acting	28472
in any fiduciary capacity for any individual, trust, or estate.	28473

(F) "Fiscal year" means an accounting period of twelve months	28474
ending on the last day of any month other than December.	28475

(G) "Individual" means any natural person.

28476

(H) "Internal Revenue Code" means the "Internal Revenue Code	28477
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	28478

(I) "Resident" means any of the following, provided that	28479
division (I)(3) of this section applies only to taxable years of a	28480
trust beginning in 2002 or thereafter:	28481

(1) An individual who is domiciled in this state, subject to	28482
section 5747.24 of the Revised Code;	28483

(2) The estate of a decedent who at the time of death was	28484
domiciled in this state. The domicile tests of section 5747.24 of	28485
the Revised Code are not controlling for purposes of division	28486
(I)(2) of this section.	28487

(3) A trust that, in whole or part, resides in this state. If	28488
only part of a trust resides in this state, the trust is a	28489
resident only with respect to that part.	28490

For the purposes of division (I)(3) of this section:

28491

(a) A trust resides in this state for the trust's current	28492
taxable year to the extent, as described in division (I)(3)(d) of	28493
this section, that the trust consists directly or indirectly, in	28494
whole or in part, of assets, net of any related liabilities, that	28495
were transferred, or caused to be transferred, directly or	28496
indirectly, to the trust by any of the following:	28497

(i) A person, a court, or a governmental entity or	28498
instrumentality on account of the death of a decedent, but only if	28499
the trust is described in division (I)(3)(e)(i) or (ii) of this	28500
section;	28501

(ii) A person who was domiciled in this state for the	28502
purposes of this chapter when the person directly or indirectly	28503
transferred assets to an irrevocable trust, but only if at least	28504
one of the trust's qualifying beneficiaries is domiciled in this	28505
state for the purposes of this chapter during all or some portion	28506
of the trust's current taxable year;	28507

(iii) A person who was domiciled in this state for the	28508
purposes of this chapter when the trust document or instrument or	28509
part of the trust document or instrument became irrevocable, but	28510
only if at least one of the trust's qualifying beneficiaries is a	28511
resident domiciled in this state for the purposes of this chapter	28512
during all or some portion of the trust's current taxable year. If	28513
a trust document or instrument became irrevocable upon the death	28514
of a person who at the time of death was domiciled in this state	28515
for purposes of this chapter, that person is a person described in	28516
division (I)(3)(a)(iii) of this section.	28517

(b) A trust is irrevocable to the extent that the transferor	28518
is not considered to be the owner of the net assets of the trust	28519
under sections 671 to 678 of the Internal Revenue Code.	28520

(c) With respect to a trust other than a charitable lead	28521
trust, "qualifying beneficiary" has the same meaning as "potential	28522
current beneficiary" as defined in section 1361(e)(2) of the	28523
Internal Revenue Code, and with respect to a charitable lead trust	28524
"qualifying beneficiary" is any current, future, or contingent	28525
beneficiary, but with respect to any trust "qualifying	28526
beneficiary" excludes a person or a governmental entity or	28527
instrumentality to any of which a contribution would qualify for	28528
the charitable deduction under section 170 of the Internal Revenue	28529
Code.	28530

(d) For the purposes of division (I)(3)(a) of this section,	28531
the extent to which a trust consists directly or indirectly, in	28532
whole or in part, of assets, net of any related liabilities, that	28533
were transferred directly or indirectly, in whole or part, to the	28534
trust by any of the sources enumerated in that division shall be	28535
ascertained by multiplying the fair market value of the trust's	28536
assets, net of related liabilities, by the qualifying ratio, which	28537
shall be computed as follows:	28538

(i) The first time the trust receives assets, the numerator	28539
of the qualifying ratio is the fair market value of those assets	28540
at that time, net of any related liabilities, from sources	28541
enumerated in division (I)(3)(a) of this section. The denominator	28542
of the qualifying ratio is the fair market value of all the	28543
trust's assets at that time, net of any related liabilities.	28544

(ii) Each subsequent time the trust receives assets, a	28545
revised qualifying ratio shall be computed. The numerator of the	28546
revised qualifying ratio is the sum of (1) the fair market value	28547
of the trust's assets immediately prior to the subsequent	28548
transfer, net of any related liabilities, multiplied by the	28549
qualifying ratio last computed without regard to the subsequent	28550
transfer, and (2) the fair market value of the subsequently	28551
transferred assets at the time transferred, net of any related	28552
liabilities, from sources enumerated in division (I)(3)(a) of this	28553
section. The denominator of the revised qualifying ratio is the	28554
fair market value of all the trust's assets immediately after the	28555
subsequent transfer, net of any related liabilities.	28556

(iii) Whether a transfer to the trust is by or from any of	28557
the sources enumerated in division (I)(3)(a) of this section shall	28558
be ascertained without regard to the domicile of the trust's	28559
beneficiaries.	28560

(e) For the purposes of division (I)(3)(a)(i) of this	28561
section:	28562

(i) A trust is described in division (I)(3)(e)(i) of this	28563
section if the trust is a testamentary trust and the testator of	28564
that testamentary trust was domiciled in this state at the time of	28565
the testator's death for purposes of the taxes levied under	28566
Chapter 5731. of the Revised Code.	28567

(ii) A trust is described in division (I)(3)(e)(ii) of this	28568
section if the transfer is a qualifying transfer described in any	28569
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	28570
irrevocable inter vivos trust, and at least one of the trust's	28571
qualifying beneficiaries is domiciled in this state for purposes	28572
of this chapter during all or some portion of the trust's current	28573
taxable year.	28574

(f) For the purposes of division (I)(3)(e)(ii) of this	28575
section, a "qualifying transfer" is a transfer of assets, net of	28576
any related liabilities, directly or indirectly to a trust, if the	28577
transfer is described in any of the following:	28578

(i) The transfer is made to a trust, created by the decedent	28579
before the decedent's death and while the decedent was domiciled	28580
in this state for the purposes of this chapter, and, prior to the	28581
death of the decedent, the trust became irrevocable while the	28582
decedent was domiciled in this state for the purposes of this	28583
chapter.	28584

(ii) The transfer is made to a trust to which the decedent,	28585
prior to the decedent's death, had directly or indirectly	28586
transferred assets, net of any related liabilities, while the	28587
decedent was domiciled in this state for the purposes of this	28588
chapter, and prior to the death of the decedent the trust became	28589
irrevocable while the decedent was domiciled in this state for the	28590
purposes of this chapter.	28591

(iii) The transfer is made on account of a contractual	28592
relationship existing directly or indirectly between the	28593
transferor and either the decedent or the estate of the decedent	28594
at any time prior to the date of the decedent's death, and the	28595
decedent was domiciled in this state at the time of death for	28596
purposes of the taxes levied under Chapter 5731. of the Revised	28597
Code.	28598

(iv) The transfer is made to a trust on account of a	28599
contractual relationship existing directly or indirectly between	28600
the transferor and another person who at the time of the	28601
decedent's death was domiciled in this state for purposes of this	28602
chapter.	28603

(v) The transfer is made to a trust on account of the will of	28604
a testator.	28605

(vi) The transfer is made to a trust created by or caused to	28606
be created by a court, and the trust was directly or indirectly	28607
created in connection with or as a result of the death of an	28608
individual who, for purposes of the taxes levied under Chapter	28609
5731. of the Revised Code, was domiciled in this state at the time	28610
of the individual's death.	28611

(g) The tax commissioner may adopt rules to ascertain the	28612
part of a trust residing in this state.	28613

(J) "Nonresident" means an individual or estate that is not a	28614
resident. An individual who is a resident for only part of a	28615
taxable year is a nonresident for the remainder of that taxable	28616
year.	28617

(K) "Pass-through entity" has the same meaning as in section	28618
5733.04 of the Revised Code.	28619

(L) "Return" means the notifications and reports required to	28620
be filed pursuant to this chapter for the purpose of reporting the	28621
tax due and includes declarations of estimated tax when so	28622
required.	28623

(M) "Taxable year" means the calendar year or the taxpayer's	28624
fiscal year ending during the calendar year, or fractional part	28625
thereof, upon which the adjusted gross income is calculated	28626
pursuant to this chapter.	28627

(N) "Taxpayer" means any person subject to the tax imposed by	28628
section 5747.02 of the Revised Code or any pass-through entity	28629
that makes the election under division (D) of section 5747.08 of	28630
the Revised Code.	28631

(O) "Dependents" means dependents as defined in the Internal	28632
Revenue Code and as claimed in the taxpayer's federal income tax	28633
return for the taxable year or which the taxpayer would have been	28634
permitted to claim had the taxpayer filed a federal income tax	28635
return.	28636

(P) "Principal county of employment" means, in the case of a	28637
nonresident, the county within the state in which a taxpayer	28638
performs services for an employer or, if those services are	28639
performed in more than one county, the county in which the major	28640
portion of the services are performed.	28641

(Q) As used in sections 5747.50 to 5747.55 of the Revised	28642
Code:	28643

(1) "Subdivision" means any county, municipal corporation,	28644
park district, or township.	28645

(2) "Essential local government purposes" includes all	28646
functions that any subdivision is required by general law to	28647
exercise, including like functions that are exercised under a	28648
charter adopted pursuant to the Ohio Constitution.	28649

(R) "Overpayment" means any amount already paid that exceeds	28650
the figure determined to be the correct amount of the tax.	28651

(S) "Taxable income" or "Ohio taxable income" applies only to	28652
estates and trusts, and means federal taxable income, as defined	28653
and used in the Internal Revenue Code, adjusted as follows:	28654

(1) Add interest or dividends, net of ordinary, necessary,	28655
and reasonable expenses not deducted in computing federal taxable	28656
income, on obligations or securities of any state or of any	28657
political subdivision or authority of any state, other than this	28658
state and its subdivisions and authorities, but only to the extent	28659
that such net amount is not otherwise includible in Ohio taxable	28660
income and is described in either division (S)(1)(a) or (b) of	28661
this section:	28662

(a) The net amount is not attributable to the S portion of an	28663
electing small business trust and has not been distributed to	28664
beneficiaries for the taxable year;	28665

(b) The net amount is attributable to the S portion of an	28666
electing small business trust for the taxable year.	28667

(2) Add interest or dividends, net of ordinary, necessary,	28668
and reasonable expenses not deducted in computing federal taxable	28669
income, on obligations of any authority, commission,	28670
instrumentality, territory, or possession of the United States to	28671
the extent that the interest or dividends are exempt from federal	28672
income taxes but not from state income taxes, but only to the	28673
extent that such net amount is not otherwise includible in Ohio	28674
taxable income and is described in either division (S)(1)(a) or	28675
(b) of this section;	28676

(3) Add the amount of personal exemption allowed to the	28677
estate pursuant to section 642(b) of the Internal Revenue Code;	28678

(4) Deduct interest or dividends, net of related expenses	28679
deducted in computing federal taxable income, on obligations of	28680
the United States and its territories and possessions or of any	28681
authority, commission, or instrumentality of the United States to	28682
the extent that the interest or dividends are exempt from state	28683
taxes under the laws of the United States, but only to the extent	28684
that such amount is included in federal taxable income and is	28685
described in either division (S)(1)(a) or (b) of this section;	28686

(5) Deduct the amount of wages and salaries, if any, not	28687
otherwise allowable as a deduction but that would have been	28688
allowable as a deduction in computing federal taxable income for	28689
the taxable year, had the targeted jobs credit allowed under	28690
sections 38, 51, and 52 of the Internal Revenue Code not been in	28691
effect, but only to the extent such amount relates either to	28692
income included in federal taxable income for the taxable year or	28693
to income of the S portion of an electing small business trust for	28694
the taxable year;	28695

(6) Deduct any interest or interest equivalent, net of	28696
related expenses deducted in computing federal taxable income, on	28697
public obligations and purchase obligations, but only to the	28698
extent that such net amount relates either to income included in	28699
federal taxable income for the taxable year or to income of the S	28700
portion of an electing small business trust for the taxable year;	28701

(7) Add any loss or deduct any gain resulting from sale,	28702
exchange, or other disposition of public obligations to the extent	28703
that such loss has been deducted or such gain has been included in	28704
computing either federal taxable income or income of the S portion	28705
of an electing small business trust for the taxable year;	28706

(8) Except in the case of the final return of an estate, add	28707
any amount deducted by the taxpayer on both its Ohio estate tax	28708
return pursuant to section 5731.14 of the Revised Code, and on its	28709
federal income tax return in determining federal taxable income;	28710

(9)(a) Deduct any amount included in federal taxable income	28711
solely because the amount represents a reimbursement or refund of	28712
expenses that in a previous year the decedent had deducted as an	28713
itemized deduction pursuant to section 63 of the Internal Revenue	28714
Code and applicable treasury regulations. The deduction otherwise	28715
allowed under division (S)(9)(a) of this section shall be reduced	28716
to the extent the reimbursement is attributable to an amount the	28717
taxpayer or decedent deducted under this section in any taxable	28718
year.	28719

(b) Add any amount not otherwise included in Ohio taxable	28720
income for any taxable year to the extent that the amount is	28721
attributable to the recovery during the taxable year of any amount	28722
deducted or excluded in computing federal or Ohio taxable income	28723
in any taxable year, but only to the extent such amount has not	28724
been distributed to beneficiaries for the taxable year.	28725

(10) Deduct any portion of the deduction described in section	28726
1341(a)(2) of the Internal Revenue Code, for repaying previously	28727
reported income received under a claim of right, that meets both	28728
of the following requirements:	28729

(a) It is allowable for repayment of an item that was	28730
included in the taxpayer's taxable income or the decedent's	28731
adjusted gross income for a prior taxable year and did not qualify	28732
for a credit under division (A) or (B) of section 5747.05 of the	28733
Revised Code for that year.	28734

(b) It does not otherwise reduce the taxpayer's taxable	28735
income or the decedent's adjusted gross income for the current or	28736
any other taxable year.	28737

(11) Add any amount claimed as a credit under section	28738
5747.059 of the Revised Code to the extent that the amount	28739
satisfies either of the following:	28740

(a) The amount was deducted or excluded from the computation	28741
of the taxpayer's federal taxable income as required to be	28742
reported for the taxpayer's taxable year under the Internal	28743
Revenue Code;	28744

(b) The amount resulted in a reduction in the taxpayer's	28745
federal taxable income as required to be reported for any of the	28746
taxpayer's taxable years under the Internal Revenue Code.	28747

(12) Deduct any amount, net of related expenses deducted in	28748
computing federal taxable income, that a trust is required to	28749
report as farm income on its federal income tax return, but only	28750
if the assets of the trust include at least ten acres of land	28751
satisfying the definition of "land devoted exclusively to	28752
agricultural use" under section 5713.30 of the Revised Code,	28753
regardless of whether the land is valued for tax purposes as such	28754
land under sections 5713.30 to 5713.38 of the Revised Code. If the	28755
trust is a pass-through entity investor, section 5747.231 of the	28756
Revised Code applies in ascertaining if the trust is eligible to	28757
claim the deduction provided by division (S)(12) of this section	28758
in connection with the pass-through entity's farm income.	28759

Except for farm income attributable to the S portion of an	28760
electing small business trust, the deduction provided by division	28761
(S)(12) of this section is allowed only to the extent that the	28762
trust has not distributed such farm income. Division (S)(12) of	28763
this section applies only to taxable years of a trust beginning in	28764
2002 or thereafter.	28765

(13) Add the net amount of income described in section 641(c)	28766
of the Internal Revenue Code to the extent that amount is not	28767
included in federal taxable income.	28768

(14) Add or deduct the amount the taxpayer would be required	28769
to add or deduct under division (A)(20) or (21) of this section if	28770
the taxpayer's Ohio taxable income were computed in the same	28771
manner as an individual's Ohio adjusted gross income is computed	28772
under this section. In the case of a trust, division (S)(14) of	28773
this section applies only to any of the trust's taxable years	28774
beginning in 2002 or thereafter.	28775

(T) "School district income" and "school district income tax"	28776
have the same meanings as in section 5748.01 of the Revised Code.	28777

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	28778
of this section, "public obligations," "purchase obligations," and	28779
"interest or interest equivalent" have the same meanings as in	28780
section 5709.76 of the Revised Code.	28781

(V) "Limited liability company" means any limited liability	28782
company formed under Chapter 1705. of the Revised Code or under	28783
the laws of any other state.	28784

(W) "Pass-through entity investor" means any person who,	28785
during any portion of a taxable year of a pass-through entity, is	28786
a partner, member, shareholder, or equity investor in that	28787
pass-through entity.	28788

(X) "Banking day" has the same meaning as in section 1304.01	28789
of the Revised Code.	28790

(Y) "Month" means a calendar month.

28791

(Z) "Quarter" means the first three months, the second three	28792
months, the third three months, or the last three months of the	28793
taxpayer's taxable year.	28794

(AA)(1) "Eligible institution" means a state university or	28795
state institution of higher education as defined in section	28796
3345.011 of the Revised Code, or a private, nonprofit college,	28797
university, or other post-secondary institution located in this	28798
state that possesses a certificate of authorization issued by the	28799
Ohio board of regents pursuant to Chapter 1713. of the Revised	28800
Code or a certificate of registration issued by the state board of	28801
career colleges and schools under Chapter 3332. of the Revised	28802
Code.	28803

(2) "Qualified tuition and fees" means tuition and fees	28804
imposed by an eligible institution as a condition of enrollment or	28805
attendance, not exceeding two thousand five hundred dollars in	28806
each of the individual's first two years of post-secondary	28807
education. If the individual is a part-time student, "qualified	28808
tuition and fees" includes tuition and fees paid for the academic	28809
equivalent of the first two years of post-secondary education	28810
during a maximum of five taxable years, not exceeding a total of	28811
five thousand dollars. "Qualified tuition and fees" does not	28812
include:	28813

(a) Expenses for any course or activity involving sports,	28814
games, or hobbies unless the course or activity is part of the	28815
individual's degree or diploma program;	28816

(b) The cost of books, room and board, student activity fees,	28817
athletic fees, insurance expenses, or other expenses unrelated to	28818
the individual's academic course of instruction;	28819

(c) Tuition, fees, or other expenses paid or reimbursed	28820
through an employer, scholarship, grant in aid, or other	28821
educational benefit program.	28822

(BB)(1) "Modified business income" means the business income	28823
included in a trust's Ohio taxable income after such taxable	28824
income is first reduced by the qualifying trust amount, if any.	28825

(2) "Qualifying trust amount" of a trust means capital gains	28826
and losses from the sale, exchange, or other disposition of equity	28827
or ownership interests in, or debt obligations of, a qualifying	28828
investee to the extent included in the trust's Ohio taxable	28829
income, but only if the following requirements are satisfied:	28830

(a) The book value of the qualifying investee's physical	28831
assets in this state and everywhere, as of the last day of the	28832
qualifying investee's fiscal or calendar year ending immediately	28833
prior to the date on which the trust recognizes the gain or loss,	28834
is available to the trust.	28835

(b) The requirements of section 5747.011 of the Revised Code	28836
are satisfied for the trust's taxable year in which the trust	28837
recognizes the gain or loss.	28838

Any gain or loss that is not a qualifying trust amount is	28839
modified business income, qualifying investment income, or	28840
modified nonbusiness income, as the case may be.	28841

(3) "Modified nonbusiness income" means a trust's Ohio	28842
taxable income other than modified business income, other than the	28843
qualifying trust amount, and other than qualifying investment	28844
income, as defined in section 5747.012 of the Revised Code, to the	28845
extent such qualifying investment income is not otherwise part of	28846
modified business income.	28847

(4) "Modified Ohio taxable income" applies only to trusts,	28848
and means the sum of the amounts described in divisions (BB)(4)(a)	28849
to (c) of this section:	28850

(a) The fraction, calculated under section 5747.013, and	28851
applying section 5747.231 of the Revised Code, multiplied by the	28852
sum of the following amounts:	28853

(i) The trust's modified business income;

28854

(ii) The trust's qualifying investment income, as defined in	28855
section 5747.012 of the Revised Code, but only to the extent the	28856
qualifying investment income does not otherwise constitute	28857
modified business income and does not otherwise constitute a	28858
qualifying trust amount.	28859

(b) The qualifying trust amount multiplied by a fraction, the	28860
numerator of which is the sum of the book value of the qualifying	28861
investee's physical assets in this state on the last day of the	28862
qualifying investee's fiscal or calendar year ending immediately	28863
prior to the day on which the trust recognizes the qualifying	28864
trust amount, and the denominator of which is the sum of the book	28865
value of the qualifying investee's total physical assets	28866
everywhere on the last day of the qualifying investee's fiscal or	28867
calendar year ending immediately prior to the day on which the	28868
trust recognizes the qualifying trust amount. If, for a taxable	28869
year, the trust recognizes a qualifying trust amount with respect	28870
to more than one qualifying investee, the amount described in	28871
division (BB)(4)(b) of this section shall equal the sum of the	28872
products so computed for each such qualifying investee.	28873

(c)(i) With respect to a trust or portion of a trust that is	28874
a resident as ascertained in accordance with division (I)(3)(d) of	28875
this section, its modified nonbusiness income.	28876

(ii) With respect to a trust or portion of a trust that is	28877
not a resident as ascertained in accordance with division	28878
(I)(3)(d) of this section, the amount of its modified nonbusiness	28879
income satisfying the descriptions in divisions (B)(2) to (5) of	28880
section 5747.20 of the Revised Code, except as otherwise provided	28881
in division (BB)(4)(c)(ii) of this section. With respect to a	28882
trust or portion of a trust that is not a resident as ascertained	28883
in accordance with division (I)(3)(d) of this section, the trust's	28884
portion of modified nonbusiness income recognized from the sale,	28885
exchange, or other disposition of a debt interest in or equity	28886
interest in a section 5747.212 entity, as defined in section	28887
5747.212 of the Revised Code, without regard to division (A) of	28888
that section, shall not be allocated to this state in accordance	28889
with section 5747.20 of the Revised Code but shall be apportioned	28890
to this state in accordance with division (B) of section 5747.212	28891
of the Revised Code without regard to division (A) of that	28892
section.	28893

If the allocation and apportionment of a trust's income under	28894
divisions (BB)(4)(a) and (c) of this section do not fairly	28895
represent the modified Ohio taxable income of the trust in this	28896
state, the alternative methods described in division (C) of	28897
section 5747.21 of the Revised Code may be applied in the manner	28898
and to the same extent provided in that section.	28899

(5)(a) Except as set forth in division (BB)(5)(b) of this	28900
section, "qualifying investee" means a person in which a trust has	28901
an equity or ownership interest, or a person or unit of government	28902
the debt obligations of either of which are owned by a trust. For	28903
the purposes of division (BB)(2)(a) of this section and for the	28904
purpose of computing the fraction described in division (BB)(4)(b)	28905
of this section, all of the following apply:	28906

(i) If the qualifying investee is a member of a qualifying	28907
controlled group on the last day of the qualifying investee's	28908
fiscal or calendar year ending immediately prior to the date on	28909
which the trust recognizes the gain or loss, then "qualifying	28910
investee" includes all persons in the qualifying controlled group	28911
on such last day.	28912

(ii) If the qualifying investee, or if the qualifying	28913
investee and any members of the qualifying controlled group of	28914
which the qualifying investee is a member on the last day of the	28915
qualifying investee's fiscal or calendar year ending immediately	28916
prior to the date on which the trust recognizes the gain or loss,	28917
separately or cumulatively own, directly or indirectly, on the	28918
last day of the qualifying investee's fiscal or calendar year	28919
ending immediately prior to the date on which the trust recognizes	28920
the qualifying trust amount, more than fifty per cent of the	28921
equity of a pass-through entity, then the qualifying investee and	28922
the other members are deemed to own the proportionate share of the	28923
pass-through entity's physical assets which the pass-through	28924
entity directly or indirectly owns on the last day of the	28925
pass-through entity's calendar or fiscal year ending within or	28926
with the last day of the qualifying investee's fiscal or calendar	28927
year ending immediately prior to the date on which the trust	28928
recognizes the qualifying trust amount.	28929

(iii) For the purposes of division (BB)(5)(a)(iii) of this	28930
section, "upper level pass-through entity" means a pass-through	28931
entity directly or indirectly owning any equity of another	28932
pass-through entity, and "lower level pass-through entity" means	28933
that other pass-through entity.	28934

An upper level pass-through entity, whether or not it is also	28935
a qualifying investee, is deemed to own, on the last day of the	28936
upper level pass-through entity's calendar or fiscal year, the	28937
proportionate share of the lower level pass-through entity's	28938
physical assets that the lower level pass-through entity directly	28939
or indirectly owns on the last day of the lower level pass-through	28940
entity's calendar or fiscal year ending within or with the last	28941
day of the upper level pass-through entity's fiscal or calendar	28942
year. If the upper level pass-through entity directly and	28943
indirectly owns less than fifty per cent of the equity of the	28944
lower level pass-through entity on each day of the upper level	28945
pass-through entity's calendar or fiscal year in which or with	28946
which ends the calendar or fiscal year of the lower level	28947
pass-through entity and if, based upon clear and convincing	28948
evidence, complete information about the location and cost of the	28949
physical assets of the lower pass-through entity is not available	28950
to the upper level pass-through entity, then solely for purposes	28951
of ascertaining if a gain or loss constitutes a qualifying trust	28952
amount, the upper level pass-through entity shall be deemed as	28953
owning no equity of the lower level pass-through entity for each	28954
day during the upper level pass-through entity's calendar or	28955
fiscal year in which or with which ends the lower level	28956
pass-through entity's calendar or fiscal year. Nothing in division	28957
(BB)(5)(a)(iii) of this section shall be construed to provide for	28958
any deduction or exclusion in computing any trust's Ohio taxable	28959
income.	28960

(b) With respect to a trust that is not a resident for the	28961
taxable year and with respect to a part of a trust that is not a	28962
resident for the taxable year, "qualifying investee" for that	28963
taxable year does not include a C corporation if both of the	28964
following apply:	28965

(i) During the taxable year the trust or part of the trust	28966
recognizes a gain or loss from the sale, exchange, or other	28967
disposition of equity or ownership interests in, or debt	28968
obligations of, the C corporation.	28969

(ii) Such gain or loss constitutes nonbusiness income.

28970

(6) "Available" means information is such that a person is	28971
able to learn of the information by the due date plus extensions,	28972
if any, for filing the return for the taxable year in which the	28973
trust recognizes the gain or loss.	28974

(CC) "Qualifying controlled group" has the same meaning as in	28975
section 5733.04 of the Revised Code.	28976

(DD) "Related member" has the same meaning as in section	28977
5733.042 of the Revised Code.	28978

(EE)(1) For the purposes of division (EE) of this section:

28979

(a) "Qualifying person" means any person other than a	28980
qualifying corporation.	28981

(b) "Qualifying corporation" means any person classified for	28982
federal income tax purposes as an association taxable as a	28983
corporation, except either of the following:	28984

(i) A corporation that has made an election under subchapter	28985
S, chapter one, subtitle A, of the Internal Revenue Code for its	28986
taxable year ending within, or on the last day of, the investor's	28987
taxable year;	28988

(ii) A subsidiary that is wholly owned by any corporation	28989
that has made an election under subchapter S, chapter one,	28990
subtitle A of the Internal Revenue Code for its taxable year	28991
ending within, or on the last day of, the investor's taxable year.	28992

(2) For the purposes of this chapter, unless expressly stated	28993
otherwise, no qualifying person indirectly owns any asset directly	28994
or indirectly owned by any qualifying corporation.	28995

(FF) For purposes of this chapter and Chapter 5751. of the	28996
Revised Code:	28997

(1) "Trust" does not include a qualified pre-income tax	28998
trust.	28999

(2) A "qualified pre-income tax trust" is any pre-income tax	29000
trust that makes a qualifying pre-income tax trust election as	29001
described in division (FF)(3) of this section.	29002

(3) A "qualifying pre-income tax trust election" is an	29003
election by a pre-income tax trust to subject to the tax imposed	29004
by section 5751.02 of the Revised Code the pre-income tax trust	29005
and all pass-through entities of which the trust owns or controls,	29006
directly, indirectly, or constructively through related interests,	29007
five per cent or more of the ownership or equity interests. The	29008
trustee shall notify the tax commissioner in writing of the	29009
election on or before April 15, 2006. The election, if timely	29010
made, shall be effective on and after January 1, 2006, and shall	29011
apply for all tax periods and tax years until revoked by the	29012
trustee of the trust.	29013

(4) A "pre-income tax trust" is a trust that satisfies all of	29014
the following requirements:	29015

(a) The document or instrument creating the trust was	29016
executed by the grantor before January 1, 1972;	29017

(b) The trust became irrevocable upon the creation of the	29018
trust; and	29019

(c) The grantor was domiciled in this state at the time the	29020
trust was created.	29021

Sec. 5747.02. (A) For the purpose of providing revenue for	29022
the support of schools and local government functions, to provide	29023
relief to property taxpayers, to provide revenue for the general	29024
revenue fund, and to meet the expenses of administering the tax	29025
levied by this chapter, there is hereby levied on every	29026
individual, trust, and estate residing in or earning or receiving	29027
income in this state, on every individual, trust, and estate	29028
earning or receiving lottery winnings, prizes, or awards pursuant	29029
to Chapter 3770. of the Revised Code, and on every individual,	29030
trust, and estate otherwise having nexus with or in this state	29031
under the Constitution of the United States, an annual tax	29032
measured in the case of individuals by Ohio adjusted gross income	29033
less an exemption for the taxpayer, the taxpayer's spouse, and	29034
each dependent as provided in section 5747.025 of the Revised	29035
Code; measured in the case of trusts by modified Ohio taxable	29036
income under division (D) of this section; and measured in the	29037
case of estates by Ohio taxable income. The tax imposed by this	29038
section on the balance thus obtained is hereby levied as follows:	29039

(1) For taxable years beginning in 2004:

29040

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29041
OR		29042
MODIFIED OHIO		29043
TAXABLE INCOME (TRUSTS)		29044
OR		29045
OHIO TAXABLE INCOME (ESTATES)	TAX	29046

$5,000 or less	.743%	29047
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	29048
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	29049
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	29050
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	29051
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	29052
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	29053
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	29054
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	29055

(2) For taxable years beginning in 2005:

29056

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29057
OR		29058
MODIFIED OHIO		29059
TAXABLE INCOME (TRUSTS)		29060
OR		29061
OHIO TAXABLE INCOME (ESTATES)	TAX	29062

$5,000 or less	.712%	29063
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	29064
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	29065
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	29066
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	29067
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	29068
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	29069
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	29070
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	29071

(3) For taxable years beginning in 2006:

29072

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29073
OR		29074
MODIFIED OHIO		29075
TAXABLE INCOME (TRUSTS)		29076
OR		29077
OHIO TAXABLE INCOME (ESTATES)	TAX	29078

$5,000 or less	.681%	29079
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	29080
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	29081
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	29082
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	29083
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	29084
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	29085
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	29086
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	29087

(4) For taxable years beginning in 2007:

29088

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29089
OR		29090
MODIFIED OHIO		29091
TAXABLE INCOME (TRUSTS)		29092
OR		29093
OHIO TAXABLE INCOME (ESTATES)	TAX	29094

$5,000 or less	.649%	29095
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	29096
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	29097
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	29098
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	29099
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	29100
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	29101
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	29102
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	29103

(5) For taxable years beginning in 2008:

29104

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29105
OR		29106
MODIFIED OHIO		29107
TAXABLE INCOME (TRUSTS)		29108
OR		29109
OHIO TAXABLE INCOME (ESTATES)	TAX	29110

$5,000 or less	.618%	29111
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	29112
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	29113
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	29114
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	29115
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	29116
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	29117
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	29118
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	29119

(6) For taxable years beginning in 2009 or thereafter:

29120

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29121
OR		29122
MODIFIED OHIO		29123
TAXABLE INCOME (TRUSTS)		29124
OR		29125
OHIO TAXABLE INCOME (ESTATES)	TAX	29126

$5,000 or less	.587%	29127
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	29128
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	29129
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	29130
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	29131
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	29132
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	29133
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	29134
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	29135

In July of each year, beginning in 2010, the tax commissioner	29136
shall adjust the income amounts prescribed in this division by	29137
multiplying the percentage increase in the gross domestic product	29138
deflator computed that year under section 5747.025 of the Revised	29139
Code by each of the income amounts resulting from the adjustment	29140
under this division in the preceding year, adding the resulting	29141
product to the corresponding income amount resulting from the	29142
adjustment in the preceding year, and rounding the resulting sum	29143
to the nearest multiple of fifty dollars. The tax commissioner	29144
also shall recompute each of the tax dollar amounts to the extent	29145
necessary to reflect the adjustment of the income amounts. The	29146
rates of taxation shall not be adjusted.	29147

The adjusted amounts apply to taxable years beginning in the	29148
calendar year in which the adjustments are made. The tax	29149
commissioner shall not make such adjustments in any year in which	29150
the amount resulting from the adjustment would be less than the	29151
amount resulting from the adjustment in the preceding year.	29152

(B) If the director of budget and management makes a	29153
certification to the tax commissioner under division (B) of	29154
section 131.44 of the Revised Code, the amount of tax as	29155
determined under division (A) of this section shall be reduced by	29156
the percentage prescribed in that certification for taxable years	29157
beginning in the calendar year in which that certification is	29158
made.	29159

(C) The levy of this tax on income does not prevent a	29160
municipal corporation, a joint economic development zone created	29161
under section 715.691, or a joint economic development district	29162
created under section 715.70 or 715.71 or sections 715.72 to	29163
715.81 of the Revised Code from levying a tax on income.	29164

(D) This division applies only to taxable years of a trust	29165
beginning in 2002 or thereafter.	29166

(1) The tax imposed by this section on a trust shall be	29167
computed by multiplying the Ohio modified taxable income of the	29168
trust by the rates prescribed by division (A) of this section.	29169

(2) A nonresident trust may claim a credit ~~is allowed~~ against	29170
the tax computed under division (D) of this section equal to the	29171
lesser of (1) the tax paid to another state or the District of	29172
Columbia on the nonresident trust's modified nonbusiness income,	29173
other than the portion of the nonresident trust's nonbusiness	29174
income that is qualifying investment income as defined in section	29175
5747.012 of the Revised Code, or (2) the effective tax rate, based	29176
on modified Ohio taxable income, multiplied by the nonresident	29177
trust's modified nonbusiness income other than the portion of the	29178
nonresident trust's nonbusiness income that is qualifying	29179
investment income. The credit applies before any other applicable	29180
credits.	29181

(3) The credits enumerated in divisions (A)(1) to (13) of	29182
section 5747.98 of the Revised Code do not apply to a trust	29183
subject to ~~this~~ division (D) of this section. Any credits	29184
enumerated in other divisions of section 5747.98 of the Revised	29185
Code apply to a trust subject to ~~this~~ division (D) of this	29186
section. To the extent that the trust distributes income for the	29187
taxable year for which a credit is available to the trust, the	29188
credit shall be shared by the trust and its beneficiaries. The tax	29189
commissioner and the trust shall be guided by applicable	29190
regulations of the United States treasury regarding the sharing of	29191
credits.	29192

(E) For the purposes of this section, "trust" means any trust	29193
described in Subchapter J of Chapter 1 of the Internal Revenue	29194
Code, excluding trusts that are not irrevocable as defined in	29195
division (I)(3)(b) of section 5747.01 of the Revised Code and that	29196
have no modified Ohio taxable income for the taxable year,	29197
charitable remainder trusts, qualified funeral trusts and preneed	29198
funeral contract trusts established pursuant to section 1111.19 of	29199
the Revised Code that are not qualified funeral trusts, endowment	29200
and perpetual care trusts, qualified settlement trusts and funds,	29201
designated settlement trusts and funds, and trusts exempted from	29202
taxation under section 501(a) of the Internal Revenue Code.	29203

Sec. 5747.082. (A) As used in this section:

29204

(1) "Electronic technology" means electronic technology	29205
acceptable to the tax commissioner under division (B) of this	29206
section.	29207

(2) "Original tax return" means any report, return, or other	29208
tax document required to be filed under this chapter for the	29209
purpose of reporting the taxes due under, and withholdings	29210
required by, this chapter. "Original tax return" does not include	29211
an amended return or any declaration or form required by or filed	29212
in connection with section 5747.09 of the Revised Code.	29213

(3) "Related member" has the same meaning as in section	29214
5733.042 of the Revised Code.	29215

(4) "Tax return preparer" means any person that operates a	29216
business that prepares, or directly or indirectly employs another	29217
person to prepare, for a taxpayer an original tax return in	29218
exchange for compensation or remuneration from the taxpayer or the	29219
taxpayer's related member. With respect to the preparation of a	29220
return or application for refund under this chapter, "tax return	29221
preparer" does not include an individual who performs only one or	29222
more of the following activities:	29223

(a) Furnishes typing, reproducing, or other mechanical	29224
assistance;	29225

(b) Prepares an application for refund or a return on behalf	29226
of an employer by whom the individual is regularly and	29227
continuously employed, or on behalf of an officer or employee of	29228
that employer;	29229

(c) Prepares as a fiduciary an application for refund or a	29230
return;	29231

(d) Prepares an application for refund or a return for a	29232
taxpayer in response to a notice of deficiency issued to the	29233
taxpayer or the taxpayer's related member, or in response to a	29234
waiver of restriction after the commencement of an audit of the	29235
taxpayer or the taxpayer's related member.	29236

(B) Divisions (C) and (D) of this section apply to the filing	29237
of original tax returns that are due in a calendar year only if	29238
the tax commissioner, by the last day of the calendar year	29239
immediately preceding the calendar year in which such returns are	29240
due, has published on the department of taxation's official	29241
internet web site at least one method of electronic technology	29242
acceptable to the commissioner for filing such returns.	29243

(C) A tax return preparer that prepares more than	29244
seventy-five original tax returns during any calendar year that	29245
begins on or after January 1, 2008, shall, beginning January 1,	29246
2010, use electronic technology to file with the tax commissioner	29247
all original tax returns prepared by the tax return preparer.	29248
This division does not apply to a tax return preparer for a	29249
calendar year if, during the previous calendar year, the tax	29250
return preparer prepared no more than twenty-five original tax	29251
returns.	29252

(D) If a tax return preparer required by this section to	29253
submit original tax returns by electronic technology files an	29254
original tax return by some means other than by electronic	29255
technology, the tax commissioner shall impose a penalty of fifty	29256
dollars for each return, in excess of seventy-five in a calendar	29257
year, that is not filed by electronic technology. Upon good cause	29258
shown by the tax return preparer, the tax commissioner may waive	29259
all or any portion of the penalty or may refund all or any	29260
portion of the penalty the tax return preparer has paid.	29261

Sec. 5748.022. A majority of the members of a board of	29262
education of a school district levying a tax under section 5748.02	29263
of the Revised Code may adopt a resolution reducing the rate of	29264
the tax by a multiple of one-fourth of one per cent.	29265

The resolution shall set forth the current rate of the tax,	29266
the reduced rate of tax that results from adoption of the	29267
resolution, the purpose or purposes for which the tax is levied,	29268
the remaining number of years the tax will be levied or that it is	29269
levied for a continuing period of time, and the date on which the	29270
reduced tax rate shall take effect, which shall be the ensuing	29271
first day of January occurring at least ~~sixty~~forty-five days	29272
after a copy of the resolution is certified to the tax	29273
commissioner.	29274

Sec. 5749.17. Any information provided to the department of	29275
natural resources by the department of taxation in accordance with	29276
division (C)(11) of section 5703.21 of the Revised Code shall not	29277
be disclosed publicly by the department of natural resources, but	29278
the department of natural resources may provide such information	29279
to the attorney general for purposes of enforcement of the law.	29280

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	29281
the Revised Code:	29282

(1) "School district," "joint vocational school district,"	29283
"local taxing unit," "recognized valuation," "fixed-rate levy,"	29284
and "fixed-sum levy" have the same meanings as used in section	29285
5727.84 of the Revised Code.	29286

(2) "State education aid" for a school district means the sum	29287
of state aid amounts computed for the district under division (A)	29288
of section 3317.022 of the Revised Code, including the amounts	29289
calculated under sections 3317.029 and 3317.0217 of the Revised	29290
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	29291
3317.022; divisions (B), (C), and (D) of section 3317.023;	29292
divisions (L) and (N) of section 3317.024; section 3317.0216; and	29293
any unit payments for gifted student services paid under sections	29294
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	29295
for fiscal years 2008 and 2009, the amount computed for the	29296
district under Section 269.20.80 of H.B. 119 of the 127th general	29297
assembly and as that section subsequently may be amended shall be	29298
substituted for the amount computed under division (D) of section	29299
3317.022 of the Revised Code, and the amount computed under	29300
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	29301
that section subsequently may be amended shall be included.	29302

(3) "State education aid" for a joint vocational school	29303
district means the sum of the state aid computed for the district	29304
under division (N) of section 3317.024 and section 3317.16 of the	29305
Revised Code, except that, for fiscal years 2008 and 2009, the	29306
amount computed under Section 269.30.80 of H.B. 119 of the 127th	29307
general assembly and as that section subsequently may be amended	29308
shall be included.	29309

(4) "State education aid offset" means the amount determined	29310
for each school district or joint vocational school district under	29311
division (A)(1) of section 5751.21 of the Revised Code.	29312

(5) "Machinery and equipment property tax value loss" means	29313
the amount determined under division (C)(1) of this section.	29314

(6) "Inventory property tax value loss" means the amount	29315
determined under division (C)(2) of this section.	29316

(7) "Furniture and fixtures property tax value loss" means	29317
the amount determined under division (C)(3) of this section.	29318

(8) "Machinery and equipment fixed-rate levy loss" means the	29319
amount determined under division (D)(1) of this section.	29320

(9) "Inventory fixed-rate levy loss" means the amount	29321
determined under division (D)(2) of this section.	29322

(10) "Furniture and fixtures fixed-rate levy loss" means the	29323
amount determined under division (D)(3) of this section.	29324

(11) "Total fixed-rate levy loss" means the sum of the	29325
machinery and equipment fixed-rate levy loss, the inventory	29326
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	29327
loss, and the telephone company fixed-rate levy loss.	29328

(12) "Fixed-sum levy loss" means the amount determined under	29329
division (E) of this section.	29330

(13) "Machinery and equipment" means personal property	29331
subject to the assessment rate specified in division (F) of	29332
section 5711.22 of the Revised Code.	29333

(14) "Inventory" means personal property subject to the	29334
assessment rate specified in division (E) of section 5711.22 of	29335
the Revised Code.	29336

(15) "Furniture and fixtures" means personal property	29337
subject to the assessment rate specified in division (G) of	29338
section 5711.22 of the Revised Code.	29339

(16) "Qualifying levies" are levies in effect for tax year	29340
2004 or applicable to tax year 2005 or approved at an election	29341
conducted before September 1, 2005. For the purpose of	29342
determining the rate of a qualifying levy authorized by section	29343
5705.212 or 5705.213 of the Revised Code, the rate shall be the	29344
rate that would be in effect for tax year 2010.	29345

(17) "Telephone property" means tangible personal property	29346
of a telephone, telegraph, or interexchange telecommunications	29347
company subject to an assessment rate specified in section	29348
5727.111 of the Revised Code in tax year 2004.	29349

(18) "Telephone property tax value loss" means the amount	29350
determined under division (C)(4) of this section.	29351

(19) "Telephone property fixed-rate levy loss" means the	29352
amount determined under division (D)(4) of this section.	29353

(B) The commercial activities tax receipts fund is hereby	29354
created in the state treasury and shall consist of money arising	29355
from the tax imposed under this chapter. All money in that fund	29356
shall be credited for each fiscal year in the following	29357
percentages to the general revenue fund, to the school district	29358
tangible property tax replacement fund, which is hereby created in	29359
the state treasury for the purpose of making the payments	29360
described in section 5751.21 of the Revised Code, and to the local	29361
government tangible property tax replacement fund, which is hereby	29362
created in the state treasury for the purpose of making the	29363
payments described in section 5751.22 of the Revised Code, in the	29364
following percentages:	29365

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	29366
2006	67.7%	22.6%	9.7%	29367
2007	0%	70.0%	30.0%	29368
2008	0%	70.0%	30.0%	29369
2009	0%	70.0%	30.0%	29370
2010	0%	70.0%	30.0%	29371
2011	0%	70.0%	30.0%	29372
2012	5.3%	70.0%	24.7%	29373
2013	10.6%	70.0%	19.4%	29374
2014	14.1%	70.0%	15.9%	29375
2015	17.6%	70.0%	12.4%	29376
2016	21.1%	70.0%	8.9%	29377
2017	24.6%	70.0%	5.4%	29378
2018	28.1%	70.0%	1.9%	29379
2019 and thereafter	30%	70%	0%	29380

(C) Not later than September 15, 2005, the tax commissioner	29381
shall determine for each school district, joint vocational school	29382
district, and local taxing unit its machinery and equipment,	29383
inventory property, furniture and fixtures property, and telephone	29384
property tax value losses, which are the applicable amounts	29385
described in divisions (C)(1), (2), (3), and (4) of this section,	29386
except as provided in division (C)(5) of this section:	29387

(1) Machinery and equipment property tax value loss is the	29388
taxable value of machinery and equipment property as reported by	29389
taxpayers for tax year 2004 multiplied by:	29390

(a) For tax year 2006, thirty-three and eight-tenths per	29391
cent;	29392

(b) For tax year 2007, sixty-one and three-tenths per cent;

29393

29394

(d) For tax year 2009 and thereafter, one hundred per cent.

29395

(2) Inventory property tax value loss is the taxable value of	29396
inventory property as reported by taxpayers for tax year 2004	29397
multiplied by:	29398

(a) For tax year 2006, a fraction, the numerator of which is	29399
five and three-fourths and the denominator of which is	29400
twenty-three;	29401

(b) For tax year 2007, a fraction, the numerator of which is	29402
nine and one-half and the denominator of which is twenty-three;	29403

(c) For tax year 2008, a fraction, the numerator of which is	29404
thirteen and one-fourth and the denominator of which is	29405
twenty-three;	29406

(d) For tax year 2009 and thereafter a fraction, the	29407
numerator of which is seventeen and the denominator of which is	29408
twenty-three.	29409

(3) Furniture and fixtures property tax value loss is the	29410
taxable value of furniture and fixture property as reported by	29411
taxpayers for tax year 2004 multiplied by:	29412

(a) For tax year 2006, twenty-five per cent;

29413

(b) For tax year 2007, fifty per cent;

29414

29415

(d) For tax year 2009 and thereafter, one hundred per cent.

29416

The taxable value of property reported by taxpayers used in	29417
divisions (C)(1), (2), and (3) of this section shall be such	29418
values as determined to be final by the tax commissioner as of	29419
August 31, 2005. Such determinations shall be final except for any	29420
correction of a clerical error that was made prior to August 31,	29421
2005, by the tax commissioner.	29422

(4) Telephone property tax value loss is the taxable value of	29423
telephone property as taxpayers would have reported that property	29424
for tax year 2004 if the assessment rate for all telephone	29425
property for that year were twenty-five per cent, multiplied by:	29426

(a) For tax year 2006, zero per cent;

29427

(b) For tax year 2007, zero per cent;

29428

29429

(d) For tax year 2009, sixty per cent;

29430

(e) For tax year 2010, eighty per cent;

29431

(f) For tax year 2011 and thereafter, one hundred per cent.

29432

(5) Division (C)(5) of this section applies to any school	29433
district, joint vocational school district, or local taxing unit	29434
in a county in which is located a facility currently or formerly	29435
devoted to the enrichment or commercialization of uranium or	29436
uranium products, and for which the total taxable value of	29437
property listed on the general tax list of personal property for	29438
any tax year from tax year 2001 to tax year 2004 was fifty per	29439
cent or less of the taxable value of such property listed on the	29440
general tax list of personal property for the next preceding tax	29441
year.	29442

In computing the fixed-rate levy losses under divisions	29443
(D)(1), (2), and (3) of this section for any school district,	29444
joint vocational school district, or local taxing unit to which	29445
division (C)(5) of this section applies, the taxable value of such	29446
property as listed on the general tax list of personal property	29447
for tax year 2000 shall be substituted for the taxable value of	29448
such property as reported by taxpayers for tax year 2004, in the	29449
taxing district containing the uranium facility, if the taxable	29450
value listed for tax year 2000 is greater than the taxable value	29451
reported by taxpayers for tax year 2004. For the purpose of making	29452
the computations under divisions (D)(1), (2), and (3) of this	29453
section, the tax year 2000 valuation is to be allocated to	29454
machinery and equipment, inventory, and furniture and fixtures	29455
property in the same proportions as the tax year 2004 values. For	29456
the purpose of the calculations in division (A) of section 5751.21	29457
of the Revised Code, the tax year 2004 taxable values shall be	29458
used.	29459

To facilitate the calculations required under division (C) of	29460
this section, the county auditor, upon request from the tax	29461
commissioner, shall provide by August 1, 2005, the values of	29462
machinery and equipment, inventory, and furniture and fixtures for	29463
all single-county personal property taxpayers for tax year 2004.	29464

(D) Not later than September 15, 2005, the tax commissioner	29465
shall determine for each tax year from 2006 through 2009 for each	29466
school district, joint vocational school district, and local	29467
taxing unit its machinery and equipment, inventory, and furniture	29468
and fixtures fixed-rate levy losses, and for each tax year from	29469
2006 through 2011 its telephone property fixed-rate levy loss,	29470
which are the applicable amounts described in divisions (D)(1),	29471
(2), (3), and (4) of this section:	29472

(1) The machinery and equipment fixed-rate levy loss is the	29473
machinery and equipment property tax value loss multiplied by the	29474
sum of the tax rates of fixed-rate qualifying levies.	29475

(2) The inventory fixed-rate loss is the inventory property	29476
tax value loss multiplied by the sum of the tax rates of	29477
fixed-rate qualifying levies.	29478

(3) The furniture and fixtures fixed-rate levy loss is the	29479
furniture and fixture property tax value loss multiplied by the	29480
sum of the tax rates of fixed-rate qualifying levies.	29481

(4) The telephone property fixed-rate levy loss is the	29482
telephone property tax value loss multiplied by the sum of the tax	29483
rates of fixed-rate qualifying levies.	29484

(E) Not later than September 15, 2005, the tax commissioner	29485
shall determine for each school district, joint vocational school	29486
district, and local taxing unit its fixed-sum levy loss. The	29487
fixed-sum levy loss is the amount obtained by subtracting the	29488
amount described in division (E)(2) of this section from the	29489
amount described in division (E)(1) of this section:	29490

(1) The sum of the machinery and equipment property tax value	29491
loss, the inventory property tax value loss, and the furniture and	29492
fixtures property tax value loss, and, for 2008 through 2017 the	29493
telephone property tax value loss of the district or unit	29494
multiplied by the sum of the fixed-sum tax rates of qualifying	29495
levies. For 2006 through 2010, this computation shall include all	29496
qualifying levies remaining in effect for the current tax year and	29497
any school district ~~emergency~~ levies imposed under section	29498
5705.194 or 5705.213 of the Revised Code that are qualifying	29499
levies not remaining in effect for the current year. For 2011	29500
through 2017 in the case of school district ~~emergency~~ levies	29501
imposed under section 5705.194 or 5705.213 of the Revised Code and	29502
for all years after 2010 in the case of other fixed-sum levies,	29503
this computation shall include only qualifying levies remaining	29504
in effect for the current year. For purposes of this computation,	29505
a qualifying school district ~~emergency~~ levy imposed under section	29506
5705.194 or 5705.213 of the Revised Code remains in effect in a	29507
year after 2010 only if, for that year, the board of education	29508
levies a school district ~~emergency~~ levy imposed under section	29509
5705.194 or 5705.213 of the Revised Code for an annual sum at	29510
least equal to the annual sum levied by the board in tax year	29511
2004 less the amount of the payment certified under this division	29512
for 2006.	29513

(2) The total taxable value in tax year 2004 less the sum of	29514
the machinery and equipment, inventory, furniture and fixtures,	29515
and telephone property tax value losses in each school district,	29516
joint vocational school district, and local taxing unit multiplied	29517
by one-half of one mill per dollar.	29518

(3) For the calculations in divisions (E)(1) and (2) of this	29519
section, the tax value losses are those that would be calculated	29520
for tax year 2009 under divisions (C)(1), (2), and (3) of this	29521
section and for tax year 2011 under division (C)(4) of this	29522
section.	29523

(4) To facilitate the calculation under divisions (D) and (E)	29524
of this section, not later than September 1, 2005, any school	29525
district, joint vocational school district, or local taxing unit	29526
that has a qualifying levy that was approved at an election	29527
conducted during 2005 before September 1, 2005, shall certify to	29528
the tax commissioner a copy of the county auditor's certificate of	29529
estimated property tax millage for such levy as required under	29530
division (B) of section 5705.03 of the Revised Code, which is the	29531
rate that shall be used in the calculations under such divisions.	29532

If the amount determined under division (E) of this section	29533
for any school district, joint vocational school district, or	29534
local taxing unit is greater than zero, that amount shall equal	29535
the reimbursement to be paid pursuant to division ~~(D)~~(E) of	29536
section 5751.21 or division (A)(3) of section 5751.22 of the	29537
Revised Code, and the one-half of one mill that is subtracted	29538
under division (E)(2) of this section shall be apportioned among	29539
all contributing fixed-sum levies in the proportion that each	29540
levy bears to the sum of all fixed-sum levies within each school	29541
district, joint vocational school district, or local taxing unit.	29542

(F) Not later than October 1, 2005, the tax commissioner	29543
shall certify to the department of education for every school	29544
district and joint vocational school district the machinery and	29545
equipment, inventory, furniture and fixtures, and telephone	29546
property tax value losses determined under division (C) of this	29547
section, the machinery and equipment, inventory, furniture and	29548
fixtures, and telephone fixed-rate levy losses determined under	29549
division (D) of this section, and the fixed-sum levy losses	29550
calculated under division (E) of this section. The calculations	29551
under divisions (D) and (E) of this section shall separately	29552
display the levy loss for each levy eligible for reimbursement.	29553

(G) Not later than October 1, 2005, the tax commissioner	29554
shall certify the amount of the fixed-sum levy losses to the	29555
county auditor of each county in which a school district, joint	29556
vocational school district, or local taxing unit with a fixed-sum	29557
levy loss reimbursement has territory.	29558

Sec. 5751.21. (A) Not later than the ~~fifteenth~~thirtieth	29559
day of July of 2007 through 2017, the department of education	29560
shall consult with the director of budget and management and	29561
determine the following for each school district and each joint	29562
vocational school district eligible for payment under division	29563
(B) of this section:	29564

(1) The state education aid offset, which is the difference	29565
obtained by subtracting the amount described in division (A)(1)(b)	29566
of this section from the amount described in division (A)(1)(a) of	29567
this section:	29568

(a) The state education aid computed for the school district	29569
or joint vocational school district for the current fiscal year as	29570
of the ~~fifteenth~~thirtieth day of July;	29571

(b) The state education aid that would be computed for the	29572
school district or joint vocational school district for the	29573
current fiscal year as of the ~~fifteenth~~thirtieth day of July if	29574
the recognized valuation included the machinery and equipment,	29575
inventory, furniture and fixtures, and telephone property tax	29576
value losses for the school district or joint vocational school	29577
district for the second preceding tax year, and if taxes charged	29578
and payable associated with the tax value losses are accounted for	29579
in any state education aid computation dependent on taxes charged	29580
and payable.	29581

(2) The greater of zero or the difference obtained by	29582
subtracting the state education aid offset determined under	29583
division (A)(1) of this section from the sum of the machinery and	29584
equipment fixed-rate levy loss, the inventory fixed-rate levy	29585
loss, furniture and fixtures fixed-rate levy loss, and telephone	29586
property fixed-rate levy loss certified under division (F) of	29587
section 5751.20 of the Revised Code for all taxing districts in	29588
each school district and joint vocational school district for the	29589
second preceding tax year.	29590

By the ~~twentieth~~thirtieth day of July of each such year,	29591
the department of education and the director of budget and	29592
management shall agree upon the amount to be determined under	29593
division (A)(1) of this section.	29594

(B)(1) On or before the thirtieth day of June of each fiscal	29595
year beginning in 2008, the department of education shall	29596
recalculate the offset described under division (A) of this	29597
section, and adjust payments made under division (C) of this	29598
section accordingly so that the total annualized reimbursement for	29599
that fiscal year is based on the recalculated offset.	29600

(2) On or before the thirty-first day of December of each	29601
year beginning in 2008, the department, in consultation with the	29602
director of budget and management, shall recalculate the offset	29603
described under division (A) of this section to determine the	29604
annualized reimbursement that should have been made for the prior	29605
fiscal year under division (C) of this section. The department	29606
shall adjust future payments under division (C) of this section to	29607
account for any underpayments or overpayments in the prior fiscal	29608
year.	29609

(C) The department of education shall pay from the school	29610
district tangible property tax replacement fund to each school	29611
district and joint vocational school district all of the following	29612
for fixed-rate levy losses certified under division (F) of section	29613
5751.20 of the Revised Code:	29614

(1) On or before May 31, 2006, one-seventh of the total	29615
fixed-rate levy loss for tax year 2006;	29616

(2) On or before August 31, 2006, and October 31, 2006,	29617
one-half of six-sevenths of the total fixed-rate levy loss for tax	29618
year 2006;	29619

(3) On or before May 31, 2007, one-seventh of the total	29620
fixed-rate levy loss for tax year 2007;	29621

(4) On or before August 31, 2007, and October 31, 2007,	29622
forty-three per cent of the amount determined under division	29623
(A)(2) of this section for fiscal year 2008, but not less than	29624
zero, plus one-half of six-sevenths of the difference between the	29625
total fixed-rate levy loss for tax year 2007 and the total	29626
fixed-rate levy loss for tax year 2006.	29627

(5) On or before ~~May 31~~June 30, 2008, fourteen per cent of	29628
the amount determined under division (A)(2) of this section for	29629
fiscal year 2008, but not less than zero, plus one-seventh of the	29630
difference between the total fixed-rate levy loss for tax year	29631
2008 and the total fixed-rate levy loss for tax year 2006.	29632

(6) On or before August 31, 2008, and October 31, 2008,	29633
forty-three per cent of the amount determined under division	29634
(A)(2) of this section for fiscal year 2009, but not less than	29635
zero, plus one-half of six-sevenths of the difference between the	29636
total fixed-rate levy loss in tax year 2008 and the total	29637
fixed-rate levy loss in tax year 2007.	29638

(7) On or before ~~May 31~~June 30, 2009, fourteen per cent of	29639
the amount determined under division (A)(2) of this section for	29640
fiscal year 2009, but not less than zero, plus one-seventh of the	29641
difference between the total fixed-rate levy loss for tax year	29642
2009 and the total fixed-rate levy loss for tax year 2007.	29643

(8) On or before August 31, 2009, and October 31, 2009,	29644
forty-three per cent of the amount determined under division	29645
(A)(2) of this section for fiscal year 2010, but not less than	29646
zero, plus one-half of six-sevenths of the difference between the	29647
total fixed-rate levy loss in tax year 2009 and the total	29648
fixed-rate levy loss in tax year 2008.	29649

(9) On or before ~~May 31~~June 30, 2010, fourteen per cent of	29650
the amount determined under division (A)(2) of this section for	29651
fiscal year 2010, but not less than zero, plus one-seventh of the	29652
difference between the total fixed-rate levy loss in tax year 2010	29653
and the total fixed-rate levy loss in tax year 2008.	29654

(10) On or before August 31, 2010, and October 31, 2010,	29655
forty-three per cent of the amount determined under division	29656
(A)(2) of this section for fiscal year 2011, but not less than	29657
zero, plus one-half of six-sevenths of the difference between the	29658
telephone property fixed-rate levy loss for tax year 2010 and the	29659
telephone property fixed-rate levy loss for tax year 2009.	29660

(11) On or before ~~May 31~~June 30, 2011, fourteen per cent of	29661
the amount determined under division (A)(2) of this section for	29662
fiscal year 2011, but not less than zero, plus one-seventh of the	29663
difference between the telephone property fixed-rate levy loss for	29664
tax year 2011 and the telephone property fixed-rate levy loss for	29665
tax year 2009.	29666

(12) On or before August 31, 2011, and October 31, 2011, the	29667
amount determined under division (A)(2) of this section	29668
multiplied by a fraction, the numerator of which is fourteen and	29669
the denominator of which is seventeen, but not less than zero,	29670
multiplied by forty-three per cent, plus one-half of six-sevenths	29671
of the difference between the telephone property fixed-rate levy	29672
loss for tax year 2011 and the telephone property fixed-rate levy	29673
loss for tax year 2010.	29674

(13) On or before ~~May 31~~June 30, 2012, fourteen per cent of	29675
the amount determined under division (A)(2) of this section for	29676
fiscal year 2012, multiplied by a fraction, the numerator of	29677
which is fourteen and the denominator of which is seventeen, plus	29678
one-seventh of the difference between the telephone property	29679
fixed-rate levy loss for tax year 2011 and the telephone property	29680
fixed-rate levy loss for tax year 2010.	29681

(14) On or before August 31, 2012, October 31, 2012, and ~~May~~	29682
31June 30, 2013, the amount determined under division (A)(2) of	29683
this section multiplied by a fraction, the numerator of which is	29684
eleven and the denominator of which is seventeen, but not less	29685
than zero, multiplied by one-third.	29686

(15) On or before August 31, 2013, October 31, 2013, and ~~May~~	29687
31June 30, 2014, the amount determined under division (A)(2) of	29688
this section multiplied by a fraction, the numerator of which is	29689
nine and the denominator of which is seventeen, but not less than	29690
zero, multiplied by one-third.	29691

(16) On or before August 31, 2014, October 31, 2014, and ~~May~~	29692
31June 30, 2015, the amount determined under division (A)(2) of	29693
this section multiplied by a fraction, the numerator of which is	29694
seven and the denominator of which is seventeen, but not less	29695
than zero, multiplied by one-third.	29696

(17) On or before August 31, 2015, October 31, 2015, and ~~May~~	29697
31June 30, 2016, the amount determined under division (A)(2) of	29698
this section multiplied by a fraction, the numerator of which is	29699
five and the denominator of which is seventeen, but not less than	29700
zero, multiplied by one-third.	29701

(18) On or before August 31, 2016, October 31, 2016, and ~~May~~	29702
31June 30, 2017, the amount determined under division (A)(2) of	29703
this section multiplied by a fraction, the numerator of which is	29704
three and the denominator of which is seventeen, but not less	29705
than zero, multiplied by one-third.	29706

(19) On or before August 31, 2017, October 31, 2017, and ~~May~~	29707
31June 30, 2018, the amount determined under division (A)(2) of	29708
this section multiplied by a fraction, the numerator of which is	29709
one and the denominator of which is seventeen, but not less than	29710
zero, multiplied by one-third.	29711

The department of education shall report to each school	29712
district and joint vocational school district the apportionment of	29713
the payments among the school district's or joint vocational	29714
school district's funds based on the certifications under division	29715
(F) of section 5751.20 of the Revised Code.	29716

Any qualifying levy that is a fixed-rate levy that is not	29717
applicable to a tax year after 2010 does not qualify for any	29718
reimbursement after the tax year to which it is last applicable.	29719

~~(C)~~(D) For taxes levied within the ten-mill limitation for	29720
debt purposes in tax year 2005, payments shall be made equal to	29721
one hundred per cent of the loss computed as if the tax were a	29722
fixed-rate levy, but those payments shall extend from fiscal year	29723
2006 through fiscal year 2018, as long as the qualifying levy	29724
continues to be used for debt purposes. If the purpose of such a	29725
qualifying levy is changed, that levy becomes subject to the	29726
payments determined in division ~~(B)~~(C) of this section.	29727

~~(D)~~(E)(1) Not later than January 1, 2006, for each fixed-sum	29728
levy of each school district or joint vocational school district	29729
and for each year for which a determination is made under division	29730
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	29731
loss is to be reimbursed, the tax commissioner shall certify to	29732
the department of education the fixed-sum levy loss determined	29733
under that division. The certification shall cover a time period	29734
sufficient to include all fixed-sum levies for which the	29735
commissioner made such a determination. The department shall pay	29736
from the school district property tax replacement fund to the	29737
school district or joint vocational school district one-third of	29738
the fixed-sum levy loss so certified for each year on or before	29739
the last day of ~~May~~June, August, and October of the current year.	29740

(2) Beginning in 2006, by the first day of January of each	29741
year, the tax commissioner shall review the certification	29742
originally made under division ~~(D)~~(E)(1) of this section. If the	29743
commissioner determines that a debt levy that had been scheduled	29744
to be reimbursed in the current year has expired, a revised	29745
certification for that and all subsequent years shall be made to	29746
the department of education.	29747

~~(E)~~(F) Beginning in September 2007 and through June 2018, the	29748
director of budget and management shall transfer from the school	29749
district tangible property tax replacement fund to the general	29750
revenue fund each of the following:	29751

(1) On the first day of September, one-fourth of the amount	29752
determined for that fiscal year under division (A)(1) of this	29753
section;	29754

(2) On the first day of December, one-fourth of the amount	29755
determined for that fiscal year under division (A)(1) of this	29756
section;	29757

(3) On the first day of March, one-fourth of the amount	29758
determined for that fiscal year under division (A)(1) of this	29759
section;	29760

(4) On the first day of June, one-fourth of the amount	29761
determined for that fiscal year under division (A)(1) of this	29762
section.	29763

If, when a transfer is required under division ~~(E)~~(F)(1),	29764
(2), (3), or (4) of this section, there is not sufficient money	29765
in the school district tangible property tax replacement fund to	29766
make the transfer in the required amount, the director shall	29767
transfer the balance in the fund to the general revenue fund and	29768
may make additional transfers on later dates as determined by the	29769
director in a total amount that does not exceed one-fourth of the	29770
amount determined for the fiscal year.	29771

~~(F)~~(G) For each of the fiscal years 2006 through 2018, if the	29772
total amount in the school district tangible property tax	29773
replacement fund is insufficient to make all payments under	29774
divisions ~~(B)~~(C), ~~(C)~~(D), and ~~(D)~~(E) of this section at the times	29775
the payments are to be made, the director of budget and	29776
management shall transfer from the general revenue fund to the	29777
school district tangible property tax replacement fund the	29778
difference between the total amount to be paid and the amount in	29779
the school district tangible property tax replacement fund. For	29780
each fiscal year after 2018, at the time payments under division	29781
~~(D)~~(E) of this section are to be made, the director of budget and	29782
management shall transfer from the general revenue fund to the	29783
school district property tax replacement fund the amount	29784
necessary to make such payments.	29785

~~(G)~~(H)(1) On the fifteenth day of June of 2006 through 2011,	29786
the director of budget and management may transfer any balance in	29787
the school district tangible property tax replacement fund to the	29788
general revenue fund. At the end of fiscal years 2012 through	29789
2018, any balance in the school district tangible property tax	29790
replacement fund shall remain in the fund to be used in future	29791
fiscal years for school purposes.	29792

(2) In each fiscal year beginning with fiscal year 2019, all	29793
amounts credited to the school district tangible personal property	29794
tax replacement fund shall be appropriated for school purposes.	29795

~~(H)~~(I) If all of the territory of a school district or joint	29796
vocational school district is merged with another district, or if	29797
a part of the territory of a school district or joint vocational	29798
school district is transferred to an existing or newly created	29799
district, the department of education, in consultation with the	29800
tax commissioner, shall adjust the payments made under this	29801
section as follows:	29802

(1) For a merger of two or more districts, the machinery and	29803
equipment, inventory, furniture and fixtures, and telephone	29804
property fixed-rate levy losses and the fixed-sum levy losses of	29805
the successor district shall be equal to the sum of the machinery	29806
and equipment, inventory, furniture and fixtures, and telephone	29807
property fixed-rate levy losses and debt levy losses as determined	29808
in section 5751.20 of the Revised Code, for each of the districts	29809
involved in the merger.	29810

(2) If property is transferred from one district to a	29811
previously existing district, the amount of machinery and	29812
equipment, inventory, furniture and fixtures, and telephone	29813
property tax value losses and fixed-rate levy losses that shall be	29814
transferred to the recipient district shall be an amount equal to	29815
the total machinery and equipment, inventory, furniture and	29816
fixtures, and telephone property fixed-rate levy losses times a	29817
fraction, the numerator of which is the value of business tangible	29818
personal property on the land being transferred in the most recent	29819
year for which data are available, and the denominator of which is	29820
the total value of business tangible personal property in the	29821
district from which the land is being transferred in the most	29822
recent year for which data are available. For each of the first	29823
five years after the property is transferred, but not after fiscal	29824
year 2012, if the tax rate in the recipient district is less than	29825
the tax rate of the district from which the land was transferred,	29826
one-half of the payments arising from the amount of fixed-rate	29827
levy losses so transferred to the recipient district shall be paid	29828
to the recipient district and one-half of the payments arising	29829
from the fixed-rate levy losses so transferred shall be paid to	29830
the district from which the land was transferred. Fixed-rate levy	29831
losses so transferred shall be computed on the basis of the sum of	29832
the rates of fixed-rate qualifying levies of the district from	29833
which the land was transferred, notwithstanding division ~~(D)~~(E) of	29834
this section.	29835

(3) After December 31, 2004, if property is transferred from	29836
one or more districts to a district that is newly created out of	29837
the transferred property, the newly created district shall be	29838
deemed not to have any machinery and equipment, inventory,	29839
furniture and fixtures, or telephone property fixed-rate levy	29840
losses and the districts from which the property was transferred	29841
shall have no reduction in their machinery and equipment,	29842
inventory, furniture and fixtures, and telephone property	29843
fixed-rate levy losses.	29844

(4) If the recipient district under division ~~(H)~~(I)(2) of	29845
this section or the newly created district under divisions	29846
~~(H)~~(I)(3) of this section is assuming debt from one or more of	29847
the districts from which the property was transferred and any of	29848
the districts losing the property had fixed-sum levy losses, the	29849
department of education, in consultation with the tax	29850
commissioner, shall make an equitable division of the fixed-sum	29851
levy loss reimbursements.	29852

Sec. 6101.53. To maintain, operate, and preserve the	29853
reservoirs, ditches, drains, dams, levies, canals, sewers, pumping	29854
stations, treatment and disposal works, or other properties or	29855
improvements acquired or made pursuant to this chapter, to	29856
strengthen, repair, and restore the same, when needed, and to	29857
defray the current expenses of the conservancy district, the board	29858
of directors of the district may, upon the substantial completion	29859
of the improvements and on or before the ~~first~~fifteenth day of	29860
September in each year thereafter, levy an assessment upon each	29861
tract or parcel of land and upon each public corporation within	29862
the district, subject to assessments under this chapter, to be	29863
known as a conservancy maintenance assessment. No assessment shall	29864
be made with respect to works and improvements acquired or	29865
constructed for the purpose of providing a water supply for	29866
domestic, industrial, and public use within the district, when the	29867
water supply can be metered or measured when furnished to persons	29868
or public corporations. If the district, for the benefit of one or	29869
more persons or political subdivisions, provides a water supply	29870
that recharges underground aquifers and thereby replenishes wells	29871
or provides a source of water for new wells, or increases the	29872
natural low flow of a stream used for water supply, or creates an	29873
impoundment, in such a way that the augmented use of water cannot	29874
be metered or measured for individual or public consumption, the	29875
board may make a maintenance assessment against benefited property	29876
and public corporations in the same manner provided in this	29877
section for maintenance of other properties or improvements.	29878

The maintenance assessment shall be apportioned upon the	29879
basis of the total appraisal of benefits accruing for original and	29880
subsequent construction, shall not exceed one per cent of the	29881
total appraisal of benefits in any one year unless the court by	29882
its order authorizes an assessment of a larger percentage, shall	29883
not be less than two dollars, and shall be certified to the county	29884
auditor of each county in which lands of the district are located	29885
in the conservancy assessment record but in a separate column in	29886
like manner and at the same time as the annual installment of the	29887
assessment levied under section 6101.48 of the Revised Code is	29888
certified, under the heading maintenance assessment. The auditor	29889
shall certify the same to the county treasurer of the county at	29890
the same time that the auditor certifies the annual installment of	29891
the assessments levied under that section, and the sum of the	29892
levies for any tract or public corporation may be certified as a	29893
single item. The treasurer shall demand and collect the	29894
maintenance assessment and make return of it, and shall be liable	29895
for the same penalties for failure to do so as are provided for	29896
the annual installment of the assessment levied under section	29897
6101.48 of the Revised Code.	29898

The amount of the maintenance assessment paid by any parcel	29899
of land or public corporation shall not be credited against the	29900
benefits assessed against the parcel of land or public	29901
corporation, but the maintenance assessment shall be in addition	29902
to any assessment that has been or can be levied under section	29903
6101.48 of the Revised Code.	29904

To maintain, operate, and preserve the works and improvements	29905
of the district acquired or constructed for the purpose of	29906
providing a water supply, to strengthen, repair, and restore the	29907
same, and to defray the current expenses of the district for this	29908
purpose, the board may impose rates for the sale of water to	29909
public corporations and persons within the district. The rates to	29910
be charged for the water shall be fixed and adjusted by the board	29911
at intervals of not less than one year, so that the income thus	29912
produced will be adequate to provide a maintenance fund for the	29913
purpose of water supply. Contracts for supplying water to public	29914
corporations and persons shall be entered into before the service	29915
is rendered by the district. Contracts shall specify the maximum	29916
quantity of water to be furnished to the public corporation or	29917
person, and the quantity shall be fixed so as equitably to	29918
distribute the supply. Preference shall be given to water supply	29919
furnished to public corporations for domestic and public uses.	29920
Bills for water supplied to public corporations shall be rendered	29921
at regular intervals and shall be payable from the waterworks fund	29922
of the public corporation or, if it is not sufficient, from the	29923
general fund.	29924

Sec. 6101.55. The board of directors of a conservancy	29925
district shall each year after the original assessment has been	29926
levied determine, order, and levy the annual levy, which shall	29927
include all assessments, or installments of assessments, together	29928
with interest, levied under this chapter, which become due in the	29929
ensuing year. The annual levy shall be due and be collected at the	29930
same time that state and county taxes are due and collected. After	29931
bonds have been sold, in the determination of an annual levy, the	29932
rate of interest upon the unpaid installments of an assessment	29933
shall be the rate borne by the bonds that have been issued and	29934
sold pursuant to the assessment. The annual levy shall be recorded	29935
in the conservancy assessment record, shall be signed and	29936
certified by the president of the board and by the secretary of	29937
the conservancy district not later than the ~~first~~fifteenth day of	29938
September each year, and shall thereafter become a permanent	29939
record in the office of the district.	29940

The certificate of the annual levy shall be substantially as	29941
set forth in section 6101.84 of the Revised Code. Then shall	29942
follow both of the following:	29943

(A) The descriptions of the property opposite the names of	29944
the owners;	29945

(B) The total amount of the annual levy on each piece of	29946
property and on each public corporation for the account of all	29947
funds and the amount of each item making up the total.	29948

The form of the annual levy portion of the conservancy	29949
assessment record as prescribed in this section may be modified	29950
with the approval of the auditor of state. The certificate of the	29951
annual levy and the annual levy portion of the conservancy	29952
assessment record shall be named " Assessment Record of	29953
................ District, ................. County, Ohio."	29954

One copy of that part of the assessment record affecting	29955
lands and public corporations in any county shall be forwarded to	29956
the county auditor of that county. The auditor of each county	29957
shall set up as a charge upon the county treasurer the total	29958
amount of assessments levied as shown by the assessment record,	29959
and shall certify the record as other tax records to the county	29960
treasurer of the county. The treasurer shall collect the amount	29961
according to law. The assessment record shall be the treasurer's	29962
warrant and authority to demand and receive the assessments due in	29963
the county as found in the ~~the~~ record.	29964

In the event of any failure of the board to determine and	29965
order an annual levy for the purpose of paying the interest and	29966
principal of any bonds pursuant to this chapter, the auditor of	29967
the county in which the lands and public corporations subject to	29968
the assessments are situated shall make and complete a levy of the	29969
special assessments necessary for the purpose against the lands	29970
and public corporations in the district, and each piece of	29971
property in that county against which benefits have been	29972
appraised. Any assessment so made and completed by the auditor	29973
shall be made and completed by the auditor in the manner provided	29974
for the making and completion of an assessment by the board, and	29975
shall have the same effect as a levy of assessments determined and	29976
ordered by the board.	29977

Sec. 6117.01. (A) As used in this chapter:

29978

(1) "Sanitary facilities" means sanitary sewers, force mains,	29979
lift or pumping stations, and facilities for the treatment,	29980
disposal, impoundment, or storage of wastes; equipment and	29981
furnishings; and all required appurtenances and necessary real	29982
estate and interests in real estate.	29983

(2) "Drainage" or "waters" means flows from rainfall or	29984
otherwise produced by, or resulting from, the elements, storm	29985
water discharges and releases or migrations of waters from	29986
properties, accumulations, flows, and overflows of water,	29987
including accelerated flows and runoffs, flooding and threats of	29988
flooding of properties and structures, and other surface and	29989
subsurface drainage.	29990

(3) "Drainage facilities" means storm sewers, force mains,	29991
pumping stations, and facilities for the treatment, disposal,	29992
impoundment, retention, control, or storage of waters;	29993
improvements of or for any channel, ditch, drain, floodway, or	29994
watercourse, including location, construction, reconstruction,	29995
reconditioning, widening, deepening, cleaning, removal of	29996
obstructions, straightening, boxing, culverting, tiling, filling,	29997
walling, arching, or change in course, location, or terminus;	29998
improvements of or for a river, creek, or run, including	29999
reinforcement of banks, enclosing, deepening, widening,	30000
straightening, removal of obstructions, or change in course,	30001
location, or terminus; facilities for the protection of lands from	30002
the overflow of water, including a levee, wall, embankment, jetty,	30003
dike, dam, sluice, revetment, reservoir, retention or holding	30004
basin, control gate, or breakwater; facilities for controlled	30005
drainage, regulation of stream flow, and protection of an outlet;	30006
the vacation of a ditch or drain; equipment and furnishings; and	30007
all required appurtenances and necessary real estate and interests	30008
in real estate.	30009

(4) "County sanitary engineer" means either of the following:

30010

(a) The registered professional engineer employed or	30011
appointed by the board of county commissioners to be the county	30012
sanitary engineer as provided in this section ~~6117.01 of the~~	30013
~~Revised Code~~;	30014

(b) The county engineer, if, for as long as and to the extent	30015
that engineer by agreement entered into under section 315.14 of	30016
the Revised Code is retained to discharge duties of a county	30017
sanitary engineer under this chapter.	30018

(5) "Current operating expenses," "debt charges," "permanent	30019
improvement," "public obligations," and "subdivision" have the	30020
same meanings as in section 133.01 of the Revised Code.	30021

(6) "Construct," "construction," or "constructing" means	30022
construction, reconstruction, enlargement, extension, improvement,	30023
renovation, repair, and replacement of sanitary or drainage	30024
facilities or of prevention or replacement facilities, but does	30025
not include any repairs, replacements, or similar actions that do	30026
not constitute and qualify as permanent improvements.	30027

(7) "Maintain," "maintaining," or "maintenance" means	30028
repairs, replacements, and similar actions that constitute and are	30029
payable as current operating expenses and that are required to	30030
restore sanitary or drainage facilities or prevention or	30031
replacement facilities to, or to continue sanitary or drainage	30032
facilities or prevention or replacement facilities in, good order	30033
and working condition, but does not include construction of	30034
permanent improvements.	30035

(8) "Public agency" means a state and any agency or	30036
subdivision of a state, including a county, a municipal	30037
corporation, or other subdivision.	30038

(9) "Combined sewer" means a sewer system that is designed to	30039
collect and convey sewage, including domestic, commercial, and	30040
industrial wastewater, and storm water through a single-pipe	30041
system to a treatment works or combined sewer overflow outfall	30042
approved by the director of environmental protection.	30043

(10) "Prevention or replacement facilities" means vegetated	30044
swales or median strips, permeable pavement, trees and tree boxes,	30045
rain barrels and cisterns, rain gardens and filtration planters,	30046
vegetated roofs, wetlands, riparian buffers, and practices and	30047
structures that use or mimic natural processes to filter or reuse	30048
storm water.	30049

(B)(1) For the purpose of preserving and promoting the public	30050
health and welfare, a board of county commissioners may lay out,	30051
establish, consolidate, or otherwise modify the boundaries of, and	30052
maintain, one or more sewer districts within the county and	30053
outside municipal corporations and may have a registered	30054
professional engineer make the surveys necessary for the	30055
determination of the proper boundaries of each district, which	30056
shall be designated by an appropriate name or number. The board	30057
may acquire, construct, maintain, and operate within any district	30058
sanitary or drainage facilities that it determines to be necessary	30059
or appropriate for the collection of sewage and other wastes	30060
originating in or entering the district, to comply with the	30061
provisions of a contract entered into for the purposes described	30062
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	30063
those sections or other applicable provisions of law, or for the	30064
collection, control, or abatement of waters originating or	30065
accumulating in, or flowing in, into, or through, the district,	30066
and other sanitary or drainage facilities, within or outside of	30067
the district, that it determines to be necessary or appropriate to	30068
conduct the wastes and waters to a proper outlet and to provide	30069
for their proper treatment, disposal, and disposition. The board	30070
may provide for the protection of the sanitary and drainage	30071
facilities and may negotiate and enter into a contract with any	30072
public agency or person for the management, maintenance,	30073
operation, and repair of any of the facilities on behalf of the	30074
county upon the terms and conditions that may be agreed upon with	30075
the agency or person and that may be determined by the board to be	30076
in the best interests of the county. By contract with any public	30077
agency or person operating sanitary or drainage facilities within	30078
or outside of the county, the board may provide a proper outlet	30079
for any of the wastes and waters and for their proper treatment,	30080
disposal, and disposition.	30081

(2) For purposes of preventing storm water from entering a	30082
combined sewer and causing an overflow or an inflow to a sanitary	30083
sewer, the board may acquire, design, construct, operate, repair,	30084
maintain, and provide for a project or program that separates	30085
storm water from a combined sewer or for a prevention or	30086
replacement facility that prevents or minimizes storm water from	30087
entering a combined sewer or a sanitary sewer.	30088

(C) The board of county commissioners may employ a registered	30089
professional engineer to be the county sanitary engineer for the	30090
time and on the terms it considers best and may authorize the	30091
county sanitary engineer to employ necessary assistants upon the	30092
terms fixed by the board. Prior to the initial assignment of	30093
drainage facilities duties to the county sanitary engineer, if the	30094
county sanitary engineer is not the county engineer, the board	30095
first shall offer to enter into an agreement with the county	30096
engineer pursuant to section 315.14 of the Revised Code for	30097
assistance in the performance of those duties of the board	30098
pertaining to drainage facilities, and the county engineer shall	30099
accept or reject the offer within thirty days after the date the	30100
offer is made.	30101

The board may create and maintain a sanitary engineering	30102
department, which shall be under its supervision and which shall	30103
be headed by the county sanitary engineer, for the purpose of	30104
aiding it in the performance of its duties under this chapter and	30105
Chapter 6103. of the Revised Code or its other duties regarding	30106
sanitation, drainage, and water supply provided by law. The board	30107
shall provide suitable facilities for the use of the department	30108
and shall provide for and pay the compensation of the county	30109
sanitary engineer and all authorized necessary expenses of the	30110
county sanitary engineer and the sanitary engineering department.	30111
The county sanitary engineer, with the approval of the board, may	30112
appoint necessary assistants and clerks, and the compensation of	30113
those assistants and clerks shall be provided for and paid by the	30114
board.	30115

(D) The board of county commissioners may adopt, publish,	30116
administer, and enforce rules for the construction, maintenance,	30117
protection, and use of county-owned or county-operated sanitary	30118
and drainage facilities and prevention or replacement facilities	30119
outside municipal corporations, and of sanitary and drainage	30120
facilities and prevention or replacement facilities within	30121
municipal corporations that are owned or operated by the county	30122
or that discharge into sanitary or drainage facilities or	30123
prevention or replacement facilities owned or operated by the	30124
county, including, but not limited to, rules for the establishment	30125
and use of any connections, the termination in accordance with	30126
reasonable procedures of sanitary service for the nonpayment of	30127
county sanitary rates and charges and, if so determined, the	30128
concurrent termination of any county water service for the	30129
nonpayment of those rates and charges, the termination in	30130
accordance with reasonable procedures of drainage service for the	30131
nonpayment of county drainage rates and charges, and the	30132
establishment and use of security deposits to the extent	30133
considered necessary to ensure the payment of county sanitary or	30134
drainage rates and charges. The rules shall not be inconsistent	30135
with the laws of this state or any applicable rules of the	30136
director of environmental protection.	30137

(E) No sanitary or drainage facilities or prevention or	30138
replacement facilities shall be constructed in any county outside	30139
municipal corporations by any person until the plans and	30140
specifications have been approved by the board of county	30141
commissioners, and any construction shall be done under the	30142
supervision of the county sanitary engineer. Not less than thirty	30143
days before the date drainage plans are submitted to the board for	30144
its approval, the plans shall be submitted to the county engineer.	30145
If the county engineer is of the opinion after review that the	30146
facilities will have a significant adverse effect on roads,	30147
culverts, bridges, or existing maintenance within the county, the	30148
county engineer may submit a written opinion to the board not	30149
later than thirty days after the date the plans are submitted to	30150
the county engineer. The board may take action relative to the	30151
drainage plans only after the earliest of receiving the written	30152
opinion of the county engineer, receiving a written waiver of	30153
submission of an opinion from the county engineer, or passage of	30154
thirty days from the date the plans are submitted to the county	30155
engineer. Any person constructing the facilities shall pay to the	30156
county all expenses incurred by the board in connection with the	30157
construction	30158

(F) The county sanitary engineer or the county sanitary	30159
engineer's authorized assistants or agents, when properly	30160
identified in writing or otherwise and after written notice is	30161
delivered to the owner at least five days in advance or is mailed	30162
at least five days in advance by first class or certified mail to	30163
the owner's tax mailing address, may enter upon any public or	30164
private property for the purpose of making, and may make, surveys	30165
or inspections necessary for the laying out of sewer districts or	30166
the design or evaluation of county sanitary or drainage facilities	30167
or prevention or replacement facilities. This entry is not a	30168
trespass and is not to be considered an entry in connection with	30169
any appropriation of property proceedings under sections 163.01 to	30170
163.22 of the Revised Code that may be pending. No person or	30171
public agency shall forbid the county sanitary engineer or the	30172
county sanitary engineer's authorized assistants or agents to	30173
enter, or interfere with their entry, upon the property for that	30174
purpose or forbid or interfere with their making of surveys or	30175
inspections. If actual damage is done to property by the making of	30176
the surveys and inspections, the board shall pay the reasonable	30177
value of the damage to the property owner, and the cost shall be	30178
included in the cost of the facilities and may be included in any	30179
special assessments to be levied and collected to pay that cost.	30180

Sec. 6117.011. A board of county commissioners in the manner	30181
provided in this section may make surveys of water supply,	30182
sanitary facilities, or drainage facilities, or prevention or	30183
replacement facilities for any sewer district, the acquisition or	30184
construction of which is contemplated.	30185

Any board desiring to make a survey shall adopt a resolution	30186
declaring its purpose and necessity. In making the surveys, the	30187
board may call upon engineering officers or employees regularly	30188
employed by the board or may authorize and enter into contracts	30189
for the services of registered professional engineers to make the	30190
surveys.	30191

The surveys authorized by this section may include drawings,	30192
plans, specifications, estimates of cost of labor and materials,	30193
other items of cost, assessment rolls, and other facts, material,	30194
data, reports, and information and recommendations that the board	30195
considers advisable or necessary for the purpose.	30196

Contracts entered into for the surveys shall be considered	30197
contracts for professional services and may provide for	30198
preliminary surveys or the making of detailed plans, or both, and	30199
also may provide for engineering supervision of the work. No	30200
contract shall be valid unless one or more of the services to be	30201
performed are by its terms to be commenced within one year after	30202
the contract date.	30203

The contracts shall be signed by at least two members of the	30204
board and by the engineer agreeing to perform the service, and one	30205
signed copy of the contract shall be filed with the fiscal officer	30206
of the county, whose certificate, otherwise required by section	30207
5705.41 of the Revised Code, need not be provided. Payment for	30208
the contracts may be made from the general fund or any other fund	30209
legally available for that use at the times that are agreed upon	30210
or as determined by the board. The proceeds of any public	30211
obligations issued pursuant to section 6119.36 of the Revised Code	30212
or any other public obligations issued or incurred to pay the cost	30213
of facilities to which a survey relates may be used to pay any	30214
part of the cost under the contracts or to reimburse the fund from	30215
which payment was made.	30216

Sec. 6117.012. (A) A board of county commissioners may adopt	30217
rules requiring owners of property within the district whose	30218
property is served by a connection to sewers maintained and	30219
operated by the board or to sewers that are connected to	30220
interceptor sewers maintained and operated by the board to do any	30221
of the following:	30222

(1) Disconnect ~~stormwater~~storm water inflows to sanitary	30223
sewers maintained and operated by the board and not operated as a	30224
combined sewer, or to connections with those sewers;	30225

(2) Disconnect ~~non-stormwater~~non-storm water inflows to	30226
~~stormwater~~storm water sewers maintained and operated by the board	30227
and not operated as a combined sewer, or to connections with those	30228
storm water sewers;	30229

(3) Reconnect or relocate any such disconnected inflows in	30230
compliance with board rules and applicable building codes, health	30231
codes, or other relevant codes;	30232

(4) Prevent sewer back-ups into properties that have	30233
experienced one or more ~~overflows~~back-ups of sanitary or combined	30234
sewers maintained and operated by the board;	30235

(5) Prevent storm water from entering a combined sewer and	30236
causing an overflow or an inflow to a sanitary sewer, which	30237
prevention may include projects or programs that separate the	30238
storm water from a combined sewer or that utilize a prevention	30239
or replacement facility to prevent or minimize storm water from	30240
entering a combined sewer or a sanitary sewer.	30241

(B) Any inflow required to be disconnected or any sewer	30242
back-up required to be prevented under a rule adopted pursuant to	30243
~~division~~divisions (A)(1) to (4) of this section constitutes a	30244
nuisance subject to injunctive relief and abatement pursuant to	30245
Chapter 3767. of the Revised Code or as otherwise permitted by	30246
law.	30247

(C) A board of county commissioners may use sewer district	30248
funds; county general fund moneys; the proceeds of bonds issued	30249
under Chapter 133. or 165. of the Revised Code; and, to the extent	30250
permitted by their terms, loans, grants, or other moneys from	30251
appropriate state or federal funds, for either of the following:	30252

(1) The cost of disconnections, reconnections, relocations,	30253
combined sewer overflow prevention, or sewer back-up prevention	30254
required by rules adopted pursuant to division (A) of this	30255
section, performed by the county or under contract with the	30256
county;	30257

(2) Payments to the property owner or a contractor hired by	30258
the property owner pursuant to a competitive process established	30259
by district rules, for the cost of disconnections, reconnections,	30260
relocations, combined sewer overflow prevention, or sewer back-up	30261
prevention required by rules adopted pursuant to division (A) of	30262
this section after the board, pursuant to its rules, has approved	30263
the work to be performed and after the county has received from	30264
the property owner a statement releasing the county from all	30265
liability in connection with the disconnections, reconnections,	30266
relocations, combined sewer overflow prevention, or sewer back-up	30267
prevention.	30268

(D) Except as provided in division (E) of this section, the	30269
board of county commissioners shall require in its rules regarding	30270
disconnections, reconnections, or relocations of sewers, combined	30271
sewer overflow prevention, or sewer back-up prevention the	30272
reimbursement of moneys expended pursuant to division (C) of this	30273
section by either of the following methods:	30274

(1) A charge to the property owner in the amount of the	30275
payment made pursuant to division (C) of this section for	30276
immediate payment or payment in installments with interest as	30277
determined by the board not to exceed ten per cent, which payments	30278
may be billed as a separate item with the rents charged to that	30279
owner for use of the sewers. The board may approve installment	30280
payments for a period of not more than fifteen years. If charges	30281
are to be paid in installments, the board shall certify to the	30282
county auditor information sufficient to identify each subject	30283
parcel of property, the total of the charges to be paid in	30284
installments, and the total number of installments to be paid. The	30285
auditor shall record the information in the sewer improvement	30286
record until these charges are paid in full. Charges not paid when	30287
due shall be certified to the county auditor, who shall place the	30288
charges upon the real property tax list and duplicate against that	30289
property. Those charges shall be a lien on the property from the	30290
date they are placed on the tax list and duplicate and shall be	30291
collected in the same manner as other taxes.	30292

(2) A special assessment levied against the property, payable	30293
in the number of years the board determines, not to exceed fifteen	30294
years, with interest as determined by the board not to exceed ten	30295
per cent. The board shall certify the assessments to the county	30296
auditor, stating the amount and time of payment. The auditor shall	30297
record the information in the county sewer improvement record,	30298
showing separately the assessments to be collected, and shall	30299
place the assessments upon the real property tax list and	30300
duplicate for collection. The assessments shall be a lien on the	30301
property from the date they are placed on the tax list and	30302
duplicate and shall be collected in the same manner as other	30303
taxes.	30304

(E) The county may adopt a resolution specifying a maximum	30305
amount of the cost of any disconnection, reconnection,	30306
relocation, combined sewer overflow prevention, or sewer back-up	30307
prevention required pursuant to division (A) of this section that	30308
may be paid by the county for each affected parcel of property	30309
without requiring reimbursement. That amount may be allowed only	30310
if there is a building code, health code, or other relevant code,	30311
or a federally imposed or state-imposed consent decree that is	30312
filed or otherwise recorded in a court of competent jurisdiction,	30313
applicable to the affected parcel that prohibits in the future any	30314
inflows, combined sewer overflows, or sewer back-ups not allowed	30315
under rules adopted pursuant to division (A)(1) or, (4), or (5) of	30316
this section. The board, by rule, shall establish criteria for	30317
determining how much of the maximum amount for each qualifying	30318
parcel need not be reimbursed.	30319

(F) Disconnections, reconnections, relocations, combined	30320
sewer overflow prevention, or sewer back-up prevention required	30321
under this section and performed by a contractor under contract	30322
with the property owner shall not be considered a public	30323
improvement, and those performed by the county shall be considered	30324
a public improvement as defined in section 4115.03 of the Revised	30325
Code.	30326

Disconnections, reconnections, relocations, combined sewer	30327
overflow prevention, or sewer back-up prevention required under	30328
this section performed by a contractor under contract with the	30329
property owner shall not be subject to competitive bidding or	30330
public bond laws.	30331

(G) Property owners shall be responsible for maintaining any	30332
improvements made or facilities constructed on private property to	30333
reconnect or relocate disconnected inflows, for combined sewer	30334
overflow prevention, or for sewer back-up prevention pursuant to	30335
this section unless a public easement or other agreement exists	30336
for the county to maintain that improvement or facility.	30337

(H) A board of county commissioners may provide rate	30338
reductions of and credits against charges for the use of sewers to	30339
a property owner that implements a project or program that	30340
prevents storm water from entering a combined sewer and causing an	30341
overflow. Such a project or program may include the use of a	30342
prevention or replacement facility to handle storm water that has	30343
been separated from a combined sewer. The revised rates or charges	30344
shall be collected and paid to the county treasurer in accordance	30345
with section 6117.02 of the Revised Code.	30346

Sec. 6117.04. The authority of a board of county	30347
commissioners to acquire, construct, maintain, and operate	30348
sanitary or drainage facilities or prevention or replacement	30349
facilities for a county sewer district in the territory of a	30350
municipal corporation, or a regional district established under	30351
Chapter 6119. of the Revised Code, that is in whole or in part	30352
within the county sewer district is the same as provided by law	30353
with respect to territory within a county sewer district that is	30354
wholly outside a municipal corporation or a regional district,	30355
subject to the following in the case of facilities within a	30356
municipal corporation:	30357

(A) The acquisition, construction, maintenance, and operation	30358
of the facilities shall first be authorized by an ordinance or	30359
resolution of the legislative authority of the municipal	30360
corporation.	30361

(B) All road surfaces, curbs, sidewalks, sewers, water supply	30362
facilities, or other public improvements or property that may be	30363
disturbed or damaged by the construction of the facilities shall	30364
be replaced or restored within a reasonable time by the county,	30365
and the cost shall be treated as a part of the cost of the	30366
facilities.	30367

(C) The municipal corporation, with the prior approval of or	30368
by agreement with the board, may make use of the facilities in	30369
accordance with rules established by the board and subject to any	30370
applicable requirements of the director of environmental	30371
protection.	30372

Sec. 6117.05. (A) Whenever any portion of a sewer district	30373
is incorporated as, or annexed to, a municipal corporation, the	30374
area so incorporated or annexed shall remain under the	30375
jurisdiction of the board of county commissioners for purposes of	30376
the acquisition and construction of sanitary and drainage facility	30377
and prevention or replacement facility improvements until all of	30378
those improvements for the area for which a resolution described	30379
in division (A) or (E) of section 6117.06 of the Revised Code has	30380
been adopted by the board have been acquired or completed or until	30381
the board has abandoned the improvements. The board, unless and	30382
until a conveyance is made to a municipal corporation in	30383
accordance with division (B) of this section, shall continue to	30384
have jurisdiction in the area so incorporated or annexed with	30385
respect to the management, maintenance, and operation of all	30386
sanitary and drainage facilities and prevention or replacement	30387
facilities so acquired or completed, or previously acquired or	30388
completed, including the right to establish rules and rates and	30389
charges for the use of, and connections to, the facilities. The	30390
incorporation or annexation of any part of a district shall not	30391
affect the legality or enforceability of any public obligations	30392
issued or incurred by the county for purposes of this chapter to	30393
provide for the payment of the cost of acquisition, construction,	30394
maintenance, or operation of any sanitary or drainage facilities	30395
or prevention or replacement facilities within the area, or the	30396
validity of any assessments levied or to be levied upon	30397
properties within the area to provide for the payment of the cost	30398
of acquisition, construction, maintenance, or operation of the	30399
facilities.	30400

(B) Any completed sanitary or drainage facilities or	30401
prevention or replacement facilities acquired or constructed by a	30402
county under this chapter for the use of any county sewer	30403
district, or any part of those facilities, that are located within	30404
a municipal corporation or within any area that is incorporated	30405
as, or annexed to, a municipal corporation, or any part of the	30406
facilities that serve a municipal corporation or such an area, may	30407
be conveyed, by mutual agreement between the board and the	30408
municipal corporation, to the municipal corporation on terms and	30409
for consideration as may be negotiated. Upon and after the	30410
conveyance, the municipal corporation shall manage, maintain, and	30411
operate the facilities in accordance with the agreement. The board	30412
may retain the right to joint use of all or part of any facilities	30413
so conveyed for the benefit of the district. Neither the validity	30414
of any assessment levied or to be levied, nor the legality or	30415
enforceability of any public obligations issued or incurred, to	30416
provide for the payment of the cost of the acquisition,	30417
construction, maintenance, or operation of the facilities or any	30418
part of them, shall be affected by the conveyance.	30419

Sec. 6117.06. (A) After the establishment of any sewer	30420
district, the board of county commissioners, if a sanitary or	30421
drainage facility or prevention or replacement facility	30422
improvement is to be undertaken, may have the county sanitary	30423
engineer prepare, or otherwise cause to be prepared, for the	30424
district, or revise as needed, a general plan of sewerage or	30425
drainage that is as complete in each case as can be developed at	30426
the time and that is devised with regard to any existing sanitary	30427
or drainage facilities or prevention or replacement facilities in	30428
the district and present as well as prospective needs for	30429
additional sanitary or drainage facilities or prevention or	30430
replacement facilities in the district. After the general plan, in	30431
original or revised form, has been approved by the board, it may	30432
adopt a resolution generally describing the improvement that is	30433
necessary to be acquired or constructed in accordance with the	30434
particular plan, declaring that the improvement is necessary for	30435
the preservation and promotion of the public health and welfare,	30436
and determining whether or not special assessments are to be	30437
levied and collected to pay any part of the cost of the	30438
improvement.	30439

(B) If special assessments are not to be levied and collected	30440
to pay any part of the cost of the improvement, the board, in the	30441
resolution provided for in division (A) of this section or in a	30442
subsequent resolution, including a resolution authorizing the	30443
issuance or incurrence of public obligations for the improvement,	30444
may authorize the improvement and the expenditure of the funds	30445
required for its acquisition or construction and may proceed with	30446
the improvement without regard to the procedures otherwise	30447
required by divisions (C), (D), and (E) of this section and by	30448
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	30449
are required only for improvements for which special assessments	30450
are to be levied and collected.	30451

(C) If special assessments are to be levied and collected	30452
pursuant to a determination made in the resolution provided for in	30453
division (A) of this section or in a subsequent resolution, the	30454
procedures referred to in division (B) of this section as being	30455
required for that purpose shall apply, and the board may have the	30456
county sanitary engineer prepare, or otherwise cause to be	30457
prepared, detailed plans, specifications, and an estimate of cost	30458
for the improvement, together with a tentative assessment of the	30459
cost based on the estimate. The tentative assessment shall be for	30460
the information of property owners and shall not be levied or	30461
certified to the county auditor for collection. The detailed	30462
plans, specifications, estimate of cost, and tentative assessment,	30463
if approved by the board, shall be carefully preserved in the	30464
office of the board or the county sanitary engineer and shall be	30465
open to the inspection of all persons interested in the	30466
improvement.	30467

(D) After the board's approval of the detailed plans,	30468
specifications, estimate of cost, and tentative assessment, and at	30469
least twenty-four days before adopting a resolution pursuant to	30470
division (E) of this section, the board, except to the extent that	30471
appropriate waivers of notice are obtained from affected owners,	30472
shall cause to be sent a notice of its intent to adopt the	30473
resolution to each owner of property proposed to be assessed that	30474
is listed on the records of the county auditor for current	30475
agricultural use value taxation pursuant to section 5713.31 of the	30476
Revised Code and that is not located in an agricultural district	30477
established under section 929.02 of the Revised Code. The notice	30478
shall satisfy all of the following:	30479

(1) Be sent by first class or certified mail;

30480

(2) Specify the proposed date of the adoption of the	30481
resolution;	30482

(3) Contain a statement that the improvement will be financed	30483
in whole or in part by special assessments and that all properties	30484
not located in an agricultural district established pursuant to	30485
section 929.02 of the Revised Code may be subject to a special	30486
assessment;	30487

(4) Contain a statement that an agricultural district may be	30488
established by filing an application with the county auditor.	30489

If it appears, by the return of the mailed notices or by	30490
other means, that one or more of the affected owners cannot be	30491
found or are not served by the mailed notice, the board shall	30492
cause the notice to be published once in a newspaper of general	30493
circulation in the county not later than ten days before the	30494
adoption of the resolution.	30495

(E) After complying with divisions (A), (C), and (D) of this	30496
section, the board may adopt a resolution declaring that the	30497
improvement, which shall be described as to its nature and its	30498
location, route, and termini, is necessary for the preservation	30499
and promotion of the public health and welfare, referring to the	30500
plans, specifications, estimate of cost, and tentative assessment,	30501
stating the place where they are on file and may be examined, and	30502
providing that the entire cost or a lesser designated part of the	30503
cost will be specially assessed against the benefited properties	30504
within the district and that any balance will be paid by the	30505
county at large from other available funds. The resolution also	30506
shall contain a description of the boundaries of that part of the	30507
district to be assessed and shall designate a time and place for	30508
objections to the improvement, to the tentative assessment, or to	30509
the boundaries of the assessment district to be heard by the	30510
board. The date of that hearing shall be not less than twenty-four	30511
days after the date of the first publication of the notice of the	30512
hearing required by this division.	30513

The board shall cause a notice of the hearing to be published	30514
once a week for two consecutive weeks in a newspaper of general	30515
circulation in the county, and on or before the date of the second	30516
publication, it shall cause to be sent by first class or	30517
certified mail a copy of the notice to every owner of property to	30518
be assessed for the improvement whose address is known.	30519

The notice shall set forth the time and place of the hearing,	30520
a summary description of the proposed improvement, including its	30521
general route and termini, a summary description of the area	30522
constituting the assessment district, and the place where the	30523
plans, specifications, estimate of cost, and tentative assessment	30524
are on file and may be examined. Each mailed notice also shall	30525
include a statement that the property of the addressee will be	30526
assessed for the improvement. The notice also shall be sent by	30527
first class or certified mail, on or before the date of the second	30528
publication, to the clerk, or to the official discharging the	30529
duties of a clerk, of any municipal corporation any part of which	30530
lies within the assessment district and shall state whether or not	30531
any property belonging to the municipal corporation is to be	30532
assessed and, if so, shall identify that property.	30533

At the hearing, or at any adjournment of the hearing, of	30534
which no further published or mailed notice need be given, the	30535
board shall hear all parties whose properties are proposed to be	30536
assessed. Written objections to or endorsements of the proposed	30537
improvement, its character and termini, the boundaries of the	30538
assessment district, or the tentative assessment shall be received	30539
by the board for a period of five days after the completion of the	30540
hearing, and no action shall be taken by the board in the matter	30541
until after that period has elapsed. The minutes of the hearing	30542
shall be entered on the journal of the board, showing the persons	30543
who appear in person or by attorney, and all written objections	30544
shall be preserved and filed in the office of the board.	30545

Sec. 6117.25. (A) The board of county commissioners may pay	30546
the whole or any part of the cost of constructing, maintaining,	30547
repairing, or operating any improvement provided for in this	30548
chapter, including the payment of a county sanitary engineer and	30549
~~his~~the sanitary engineer's assistants and other necessary	30550
expenses. Insofar as such expenses relate to the construction of a	30551
permanent improvement, they may be considered as part of the cost	30552
of such improvement and bonds may be issued therefor. ~~Bonds~~	30553

(B) Bonds and notes in anticipation thereof, including bonds	30554
issued in anticipation of the collection of assessments deferred	30555
pursuant to sections 6117.061 and 6117.33 of the Revised Code, may	30556
be issued by the board pursuant to Chapter 133. of the Revised	30557
Code, to finance any such improvement;, provided that where a	30558
separate issue of bonds is issued in anticipation of the	30559
collection of deferred assessments, the first principal maturity	30560
of such bonds may be not later than five years from the date of	30561
such bonds. Bonds issued in anticipation of the collection of	30562
assessments deferred pursuant to sections 6117.061 and 6117.33 of	30563
the Revised Code and notes issued in anticipation of such bonds	30564
shall be considered for all purposes under this chapter and	30565
Chapter 133. of the Revised Code as being bonds or notes issued in	30566
anticipation of the levy or collection of special assessments.	30567

(C) Bonds may be issued by the board under Chapter 165. of	30568
the Revised Code to finance such improvements payable solely from	30569
revenues generated by the improvements.	30570

Sec. 6117.251. (A) After the establishment of any county	30571
sewer district, the board of county commissioners may determine by	30572
resolution that it is necessary to provide sanitary or drainage	30573
facility improvements or prevention or replacement facility	30574
improvements and to maintain and operate the improvements within	30575
the district or a designated portion of the district, that the	30576
improvements, which shall be generally described in the	30577
resolution, shall be constructed, that funds are required to pay	30578
the preliminary costs of the improvements to be incurred prior to	30579
the commencement of the proceedings for their construction, and	30580
that those funds shall be provided in accordance with this	30581
section.	30582

(B) Prior to the adoption of the resolution, the board shall	30583
give notice of its pendency and of the proposed determination of	30584
the necessity of the improvements generally described in the	30585
resolution. The notice shall set forth a description of the	30586
properties to be benefited by the improvements and the time and	30587
place of a hearing of objections to and endorsements of the	30588
improvements. The notice shall be given either by publication in a	30589
newspaper of general circulation in the county once a week for two	30590
consecutive weeks, or by mailing a copy of the notice by first	30591
class or certified mail to the owners of the properties proposed	30592
to be assessed at their respective tax mailing addresses, or by	30593
both manners, the first publication to be made or the mailing to	30594
occur at least two weeks prior to the date set for the hearing. At	30595
the hearing, or at any adjournment of the hearing, of which no	30596
further published or mailed notice need be given, the board shall	30597
hear all persons whose properties are proposed to be assessed and	30598
the evidence it considers to be necessary. The board then shall	30599
determine the necessity of the proposed improvements and whether	30600
the improvements shall be made by the board and, if they are to be	30601
made, shall direct the preparation of tentative assessments upon	30602
the benefited properties and by whom they shall be prepared.	30603

(C) In order to obtain funds for the preparation of a general	30604
or revised general plan of sewerage or drainage for the district	30605
or part of the district, for the preparation of the detailed	30606
plans, specifications, estimate of cost, and tentative assessment	30607
for the proposed improvements, and for the cost of financing and	30608
legal services incident to the preparation of all of those plans	30609
and a plan of financing the proposed improvements, the board may	30610
levy upon the properties to be benefited in the district a	30611
preliminary assessment apportioned according to benefits or to tax	30612
valuation or partly by one method and partly by the other method	30613
as the board may determine. The assessments shall be in the	30614
amount determined to be necessary to obtain funds for the general	30615
and detailed plans and the cost of financing and legal services	30616
and shall be payable in the number of years that the board shall	30617
determine, not to exceed twenty years, together with interest on	30618
any public obligations that may be issued or incurred in	30619
anticipation of the collection of the assessments.	30620

(D) The board shall have power at any time to levy additional	30621
assessments according to benefits or to tax valuation or partly by	30622
one method and partly by the other method as the board may	30623
determine for the purposes described in division (C) of this	30624
section upon the benefited properties to complete the payment of	30625
the costs described in division (C) of this section or to pay the	30626
cost of any additional plans, specifications, estimate of cost, or	30627
tentative assessment and the cost of financing and legal services	30628
incident to the preparation of those plans and the plan of	30629
financing, which additional assessments shall be payable in the	30630
number of years that the board shall determine, not to exceed	30631
twenty years, together with interest on any public obligations	30632
that may be issued or incurred in anticipation of the collection	30633
of the additional assessments.	30634

(E) Prior to the adoption of a resolution levying assessments	30635
under this section, the board shall give notice either by one	30636
publication in a newspaper of general circulation in the county,	30637
or by mailing a copy of the notice by first class or certified	30638
mail to the owners of the properties proposed to be assessed at	30639
their respective tax mailing addresses, or by both manners, the	30640
publication to be made or the mailing to occur at least ten days	30641
prior to the date of the meeting at which the resolution shall be	30642
taken up for consideration; that notice shall state the time and	30643
place of the meeting at which the resolution is to be considered.	30644
At the time and place of the meeting, or at any adjournment of	30645
the meeting, of which no further published or mailed notice need	30646
be given, the board shall hear all persons whose properties are	30647
proposed to be assessed, shall correct any errors and make any	30648
revisions that appear to be necessary or just, and then may adopt	30649
a resolution levying upon the properties determined to be	30650
benefited the assessments as so corrected and revised.	30651

The assessments levied by the resolution shall be certified	30652
to the county auditor for collection in the same manner as taxes	30653
in the year or years in which they are payable.	30654

(F) Upon the adoption of the resolution described in division	30655
(E) of this section, no further action shall be taken or work done	30656
until ten days have elapsed. If, at the expiration of that period,	30657
no appeal has been effected by any property owner as provided in	30658
this division, the action of the board shall be final. If, at the	30659
end of that ten days, any owner of property to be assessed for the	30660
improvements has effected an appeal, no further action shall be	30661
taken and no work done in connection with the improvements under	30662
the resolution until the matters appealed from have been disposed	30663
of in court.	30664

Any owner of property to be assessed may appeal as provided	30665
and upon the grounds stated in sections 6117.09 to 6117.24 of the	30666
Revised Code.	30667

If no appeal has been perfected or if on appeal the	30668
resolution of the board is sustained, the board may authorize and	30669
enter into contracts to carry out the purposes for which the	30670
assessments have been levied without the prior issuance of notes,	30671
provided that the payments under those contracts do not fall due	30672
prior to the time by which the assessments are to be collected.	30673
The board may issue and sell bonds with a maximum maturity of	30674
twenty years in anticipation of the collection of the assessments	30675
and may issue notes in anticipation of the issuance of the bonds,	30676
which notes and bonds, as public obligations, shall be issued and	30677
sold as provided in Chapter 133. of the Revised Code.	30678

Sec. 6117.28. Whenever the owners of all the lots and lands	30679
to be assessed for any sanitary or drainage facility improvement	30680
or any prevention or replacement facility improvement provided for	30681
in this chapter, by petition in writing, request the board of	30682
county commissioners to provide for the acquisition or	30683
construction, maintenance, and operation of the improvement,	30684
describing the improvement and the lots and lands owned by them	30685
respectively to be assessed to pay the cost of acquisition or	30686
construction, maintenance, and operation of the improvement and	30687
consenting that their lots and lands may be assessed to pay the	30688
cost of the acquisition or construction of the improvement and of	30689
its maintenance and operation as provided in this chapter, and	30690
waive all legal notices otherwise required, the board may have	30691
the county sanitary engineer prepare, or otherwise cause to be	30692
prepared, the necessary plans, specifications, and estimate of	30693
cost of the acquisition or construction, maintenance, and	30694
operation of the improvement and a tentative assessment. When the	30695
owners state, in writing, that they have examined the estimate of	30696
cost and tentative assessment, that they have no objections to	30697
them, and that, in case bonds are proposed to be issued prior to	30698
the acquisition or construction of the improvement, they waive	30699
their right or option to pay the assessments in cash, the board	30700
may proceed as provided in this chapter to cause the improvement	30701
to be acquired or constructed and to cause provision to be made	30702
for the payment of the cost of its acquisition or construction,	30703
maintenance, and operation, except that none of the notices	30704
otherwise required by law need be given and no opportunity need be	30705
provided for the filing of objections to the improvement, its	30706
character and termini, the boundaries of the assessment district,	30707
or the tentative assessment or, if bonds are issued prior to the	30708
acquisition or construction of the improvement, for paying the	30709
assessments in cash. The board may proceed to issue or incur	30710
public obligations in the required amount, complete the	30711
acquisition or construction of the improvement, and levy and	30712
collect the assessments authorized by this chapter. No person or	30713
public agency shall have the right to appeal from any decision or	30714
action of the board in the matter except refusal by the board to	30715
proceed with the improvement.	30716

The tentative assessment provided for in this section shall	30717
be for the information of property owners and shall not be levied	30718
or certified to the county auditor for collection. On completion	30719
of the improvement, its cost shall be determined, and the county	30720
sanitary engineer shall prepare, or otherwise cause to be	30721
prepared, a revised assessment based on the actual cost and in	30722
substantially the same proportion as the tentative assessment. The	30723
board shall confirm and levy the revised assessment and certify it	30724
to the county auditor for collection.	30725

Sec. 6117.30. The cost of the acquisition or construction of	30726
sanitary or drainage facilities or prevention or replacement	30727
facilities to be paid by assessments shall be assessed, as an	30728
assessment district assessment, upon all the property within the	30729
county sewer district found to be benefited in accordance with the	30730
special benefits conferred, less any part of the cost that is	30731
paid by the county at large from other available funds. State land	30732
so benefited shall bear its portion of the assessed cost.	30733

Sec. 6117.34. Whenever the legislative authority or board of	30734
health, or the officers performing the duties of the legislative	30735
authority or board of health, of a municipal corporation, the	30736
board of health of a general health district, or a board of	30737
township trustees makes complaint, in writing, to the	30738
environmental protection agency that unsanitary conditions exist	30739
in any county, the agency's director forthwith shall inquire into	30740
and investigate the conditions complained of. If, upon	30741
investigation of the complaint, the director finds that it is	30742
necessary for the public health and welfare that sanitary or	30743
drainage facilities or prevention or replacement facilities be	30744
acquired or constructed, maintained, and operated to serve any	30745
territory outside municipal corporations in any county, the	30746
director shall notify the board of county commissioners of the	30747
county of that finding and order that corrective action be taken.	30748
The board shall obey the order and proceed as provided in this	30749
chapter to establish a county sewer district, if required, to	30750
provide the necessary funds, to acquire or construct the	30751
facilities, and to maintain and operate the facilities, as	30752
required by the order and in a manner that is satisfactory to the	30753
director. Any part or all of the cost of the facilities or of the	30754
maintenance and operation of the facilities may be assessed upon	30755
the benefited properties as provided in this chapter.	30756

Sec. 6117.38. (A) At any time after the formation of any	30757
county sewer district, the board of county commissioners, when it	30758
considers it appropriate, on application by a person or public	30759
agency for the provision of sewerage or drainage to properties of	30760
the person or public agency located outside of the district, may	30761
contract with the person or public agency for depositing sewage	30762
or drainage from those properties in facilities acquired or	30763
constructed or to be acquired or constructed by the county to	30764
serve the district and for the treatment, disposal, and	30765
disposition of the sewage or drainage, on terms that the board	30766
considers equitable. The amount to be paid by the person or public	30767
agency to reimburse the county for costs of acquiring or	30768
constructing those facilities shall not be less than the original	30769
or comparable assessment for similar property within the district	30770
or, in the absence of an original or comparable assessment, an	30771
amount that is found by the board to be reasonable and fairly	30772
reflective of that portion of the cost of those facilities	30773
attributable to the properties to be served. The board shall	30774
appropriate any moneys received for that service to and for the	30775
use and benefit of the district. The board may collect the amount	30776
to be paid by the person or public agency in full, in cash or in	30777
installments as a part of a connection charge to be collected in	30778
accordance with division (B) or (D) of section 6117.02 of the	30779
Revised Code, or if the properties to be served are located within	30780
the county, the same amount may be assessed against those	30781
properties, and, in that event, the manner of making the	30782
assessment, together with the notice of it, shall be as provided	30783
in this chapter.	30784

(B) Whenever sanitary or drainage facilities or prevention or	30785
replacement facilities have been acquired or constructed by, and	30786
at the expense of, a person or public agency and the board	30787
considers it appropriate to acquire the facilities or any part of	30788
them for the purpose of providing sewerage or drainage service to	30789
territory within a sewer district, the county sanitary engineer,	30790
at the direction of the board, shall examine the facilities. If	30791
the county sanitary engineer finds the facilities properly	30792
designed and constructed, the county sanitary engineer shall	30793
certify that fact to the board. The board may determine to	30794
purchase the facilities or any part of them at a cost that, after	30795
consultation with the county sanitary engineer, it finds to be	30796
reasonable.	30797

Subject to and in accordance with this division and division	30798
(B) or divisions (C), (D), and (E) of section 6117.06 of the	30799
Revised Code, the board may purchase the facilities or any part of	30800
them by negotiation. For the purpose of paying the cost of their	30801
acquisition, the board may issue or incur public obligations and	30802
assess the entire cost, or a lesser designated part of the cost,	30803
of their acquisition against the benefited properties in the	30804
manner provided in this chapter for the construction of original	30805
or comparable facilities.	30806

Sec. 6117.41. At any time after the formation of any county	30807
sewer district, the board of county commissioners may enter into a	30808
contract, upon the terms and for the period of time that are	30809
mutually agreed upon, with any other public agency to prepare all	30810
necessary plans and estimates of cost and to acquire or construct	30811
any sanitary or drainage facilities or any prevention or	30812
replacement facilities that are to be used jointly by the	30813
contracting parties, and to provide for the maintenance,	30814
operation, and joint use by the contracting parties of those	30815
facilities or the maintenance, operation, and joint use of any	30816
suitable existing sanitary or drainage facilities or prevention or	30817
replacement facilities belonging to either of the contracting	30818
parties.	30819

Sec. 6117.42. All contracts under section 6117.41 of the	30820
Revised Code shall provide for the payment of compensation to the	30821
county or other public agency owning, acquiring, or constructing,	30822
or agreeing to acquire or construct, the sanitary or drainage	30823
facilities or prevention or replacement facilities to be jointly	30824
used in an amount agreed upon as the other party's share of the	30825
cost of acquiring or constructing the facilities. The contract	30826
also shall provide for payment of compensation to the county or	30827
other public agency owning, acquiring, or constructing the	30828
facilities and operating and maintaining them in an amount agreed	30829
upon as the other party's share of the cost of operating and	30830
maintaining them or, in lieu of all other or differing payments,	30831
and agreed price per unit of flow. A county or other public agency	30832
owning, acquiring, or constructing, or agreeing to acquire or	30833
construct, any of the facilities and agreeing to their use by	30834
another public agency shall retain full control and management of	30835
the acquisition, construction, maintenance, and operation of the	30836
facilities, unless otherwise provided in the contract and except,	30837
in the case of a county, when conveyed to a municipal corporation	30838
as provided in division (B) of section 6117.05 of the Revised	30839
Code.	30840

Sec. 6117.43. A county or other public agency contracting	30841
as provided in sections 6117.41 and 6117.42 of the Revised Code	30842
for the joint use of any sanitary or drainage facilities or any	30843
prevention or replacement facilities acquired or constructed, or	30844
to be acquired or constructed, by another public agency may	30845
provide for payment of the agreed compensation by the levy of	30846
taxes or special assessments or from sanitary sewer or drainage	30847
rates and charges, if and to the extent that the public agency is	30848
authorized by the laws governing it in the acquisition,	30849
construction, maintenance, or operation of the facilities to	30850
provide for payment of the costs in respect of which the	30851
compensation is due from those sources, and may issue or incur	30852
public obligations as provided by those laws and pay the debt	30853
charges on those obligations from those sources if and to the	30854
extent so authorized.	30855

Sec. 6117.44. A county or other public agency receiving the	30856
compensation provided for in section 6117.42 of the Revised Code	30857
shall credit the amount so received to the proper fund to be used	30858
for the acquisition, construction, or operation and maintenance,	30859
as the case may be, of the sanitary or drainage facilities or the	30860
prevention or replacement facilities or for other authorized	30861
purposes.	30862

Sec. 6117.45. No person or public agency shall tamper with	30863
or damage any sanitary or drainage facility or any prevention or	30864
replacement facility acquired or constructed by a county under	30865
this chapter or any apparatus or accessory connected with it or	30866
pertaining to it, or make any connection into or with the	30867
facility, without the permission of the board of county	30868
commissioners or in a manner or for a use other than as prescribed	30869
by the board. No person or public agency shall refuse to permit	30870
the inspection by the county sanitary engineer of any such	30871
connection. No person or public agency shall violate any other	30872
provision of this chapter.	30873

All fines collected under section 6117.99 of the Revised Code	30874
shall be paid to the county treasurer and credited to the fund	30875
that the board determines to be most appropriate after	30876
consideration of the nature and extent of the particular	30877
violations.	30878

Sec. 6117.49. (A) If the board of county commissioners	30879
determines by resolution that the best interests of the county and	30880
those served by the sanitary or drainage facilities or the	30881
prevention or replacement facilities of a county sewer district so	30882
require, the board may sell or otherwise dispose of the facilities	30883
to another public agency or a person. The resolution declaring the	30884
necessity of that disposition shall recite the reasons for the	30885
sale or other disposition and shall establish any conditions or	30886
terms that the board may impose, including, but not limited to, a	30887
minimum sales price if a sale is proposed, a requirement for the	30888
submission by bidders of the schedule of rates and charges	30889
initially proposed to be paid for the services of the facilities,	30890
and other pertinent conditions or terms relating to the sale or	30891
other disposition. The resolution also shall designate a time and	30892
place for the hearing of objections to the sale or other	30893
disposition by the board. Notice of the adoption of the resolution	30894
and the time and place of the hearing shall be published once a	30895
week for two consecutive weeks in a newspaper of general	30896
circulation in the sewer district and in the county. The public	30897
hearing on the sale or other disposition shall be held not less	30898
than twenty-four days following the date of first publication of	30899
the notice. A copy of the notice also shall be sent by first class	30900
or certified mail, on or before the date of the second	30901
publication, to any public agency within the area served by the	30902
facilities. At the public hearing, or at any adjournment of it,	30903
of which no further published or mailed notice need be given, the	30904
board shall hear all interested parties. A period of five days	30905
shall be given following the completion of the hearing for the	30906
filing of written objections by any interested persons or public	30907
agencies to the sale or other disposition, after which the board	30908
shall consider any objections and by resolution determine whether	30909
or not to proceed with the sale or other disposition. If the	30910
board determines to proceed with the sale or other disposition,	30911
it shall receive bids after advertising once a week for four	30912
consecutive weeks in a newspaper of general circulation in the	30913
county and, subject to the right of the board to reject any or all	30914
bids, may make an award to a responsible bidder whose proposal is	30915
determined by the board to be in the best interests of the county	30916
and those served by the facilities.	30917

(B) A conveyance of sanitary or drainage facilities or of	30918
prevention or replacement facilities by a county to a municipal	30919
corporation in accordance with division (B) of section 6117.05 of	30920
the Revised Code may be made without regard to division (A) of	30921
this section.	30922

Sec. 6121.045. With respect to a loan made under this	30923
chapter, the Ohio water development authority shall not charge any	30924
fees or fines in excess of the principal amount of the loan.	30925

Sec. 6123.042. With respect to a loan made under this	30926
chapter, the Ohio water development authority shall not charge any	30927
fees or fines in excess of the principal amount of the loan.	30928

Section 101.02. That existing sections 9.231, 9.24, 9.835,	30929
105.41, 113.061, 113.40, 117.13, 117.38, 120.08, 121.31,	30930
122.171, 125.02, 125.021, 125.022, 125.04, 125.041, 125.05,	30931
125.06, 125.07, 125.18, 125.25, 127.16, 133.08, 135.61, 135.63,	30932
135.65, 135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	30933
303.211, 306.43, 307.697, 317.32, 319.301, 321.261, 340.02,	30934
340.021, 351.26, 519.12, 519.211, 715.73, 715.74, 901.42,	30935
1332.04, 1346.03, 1561.011, 1561.16, 1561.17, 1561.23, 1561.25,	30936
1561.26, 1565.15, 1751.01, 1751.04, 1751.05, 1751.11, 1751.111,	30937
1751.12, 1751.13, 1751.15, 1751.16, 1751.17, 1751.18, 1751.20,	30938
1751.31, 1751.34, 1751.53, 1751.60, 1751.89, 2743.49, 2744.05,	30939
2903.12, 2903.213, 2903.214, 2915.101, 2919.26, 2921.13,	30940
2923.11, 2949.092, 3111.04, 3113.06, 3113.31, 3119.023, 3119.54,	30941
3301.0714, 3311.21, 3311.24, 3313.842, 3313.978, 3314.016,	30942
3314.02, 3314.03, 3314.05, 3316.03, 3316.041, 3316.06, 3316.08,	30943
3317.023, 3317.11, 3317.20, 3318.01, 3318.03, 3318.032, 3318.04,	30944
3319.291, 3323.30, 3323.31, 3323.32, 3323.33, 3333.04, 3333.044,	30945
3333.045, 3333.122, 3335.05, 3341.03, 3343.08, 3344.02,	30946
3345.34, 3350.10, 3352.02, 3353.02, 3353.20, 3353.21, 3353.22,	30947
3353.26, 3353.27, 3353.28, 3353.29, 3354.16, 3355.12, 3356.02,	30948
3357.16, 3359.02, 3361.02, 3364.02, 3501.17, 3702.71, 3702.72,	30949
3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81, 3702.85,	30950
3702.86, 3702.91, 3702.93, 3702.95, 3703.01, 3734.821, 3735.67,	30951
3743.02, 3743.04, 3743.15, 3743.17, 3743.19, 3743.25, 3743.40,	30952
3743.44, 3743.45, 3743.54, 3743.56, 3743.65, 3743.70, 3743.99,	30953
3901.3814, 3905.40, 3923.281, 3923.443, 3961.04, 4112.12,	30954
4117.14, 4117.15, 4123.26, 4123.32, 4123.37, 4123.54, 4131.03,	30955
4301.355, 4301.421, 4301.424, 4301.62, 4303.182, 4510.10,	30956
4511.01, 4511.101, 4511.181, 4511.191, 4731.65, 4731.71, 4735.01,	30957
4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4752.04, 4752.05,	30958
4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4906.13, 4906.98,	30959
4928.142, 4928.20, 4981.14, 5101.26, 5101.5211, 5101.5212,	30960
5101.5213, 5101.5214, 5101.5215, 5101.571, 5101.572, 5101.58,	30961
5101.80, 5111.032, 5111.084, 5111.091, 5111.31, 5111.94,	30962
5111.941, 5112.31, 5112.37, 5123.0412, 5123.196, 5123.36,	30963
5513.01, 5525.01, 5703.19, 5703.21, 5703.57, 5705.194,	30964
5705.214, 5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33,	30965
5721.34, 5721.35, 5721.36, 5721.37, 5721.38, 5721.39, 5721.40,	30966
5721.41, 5721.42, 5721.43, 5727.84, 5727.85, 5739.01, 5739.02,	30967
5739.029, 5739.09, 5739.12, 5739.122, 5739.124, 5739.21,	30968
5741.04, 5741.12, 5741.121, 5741.122, 5743.021, 5743.024,	30969
5743.321, 5743.323, 5745.05, 5747.01, 5747.02, 5748.022,	30970
5751.20, 5751.21, 6101.53, 6101.55, 6117.01, 6117.011,	30971
6117.012, 6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28,	30972
6117.30, 6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44,	30973
6117.45, and 6117.49 of the Revised Code are hereby repealed.	30974

Section 105.01. That sections 124.821, 3314.086, 3317.161,	30975
3353.23, 3353.24, 3353.25, 3353.30, 5111.88, 5111.881, 5111.882,	30976
5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888,	30977
5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814,	30978
5111.8815, 5111.8816, 5111.8817, 5112.311, and 5739.213 of the	30979
Revised Code are hereby repealed.	30980

Section 201.10. The items set forth in this section are	30981
hereby appropriated out of any moneys in the state treasury to	30982
the credit of the Nursing Home - Federal Fund (Fund 3190) that	30983
are not otherwise appropriated.	30984

Appropriations

OVH OHIO VETERANS' HOME AGENCY	30985

C43019	G-Life Safety & Security	$	310,700	30986
C43020	G-Critical Power & Grounds	$	510,250	30987
C43021	S-S/G Tub Room & Nurse Call	$	1,856,712	30988
C43022	S-G Renovate Giffin First Floor	$	418,015	30989
C43023	S-S/G Floor Replacement	$	579,270	30990
C43024	S-S. VH HVAC Upgrade	$	1,362,936	30991
C43025	S-Network Infrastructure	$	488,807	30992
C43026	G-HVAC Controls Upgrade	$	357,500	30993
Total Ohio Veterans' Home Agency		$	5,884,190	30994
TOTAL Nursing Home - Federal Fund		$	5,884,190	30995

Section 203.10. The items set forth in this section are	30997
hereby appropriated out of any moneys in the state treasury to the	30998
credit of the Army National Guard Service Contract Fund (Fund	30999
3420) that are not otherwise appropriated.	31000

Appropriations

ADJ ADJUTANT GENERAL	31001

C74519	Energy Conservation - Federal Share	$	107,792	31002
Total Adjutant General		$	107,792	31003
TOTAL Army National Guard Service Contract Fund		$	107,792	31004

Section 205.10. The items set forth in this section are	31006
hereby appropriated out of any moneys in the state treasury to the	31007
credit of the Special Administrative Fund (Fund 4A90) that are	31008
not otherwise appropriated.	31009

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	31010

C60000	Various Renovations - Local Offices	$	537,869	31011
C60001	145 South Front Renovation	$	6,500,000	31012
Total Department of Job and Family Services		$	7,037,869	31013
TOTAL Special Administrative Fund		$	7,037,869	31014

Section 207.10. The items set forth in this section are	31016
hereby appropriated out of any moneys in the state treasury to the	31017
credit of the State Fire Marshal Fund (Fund 5460) that are not	31018
otherwise appropriated.	31019

Appropriations

COM DEPARTMENT OF COMMERCE	31020

C80002	MARCS Radios	$	50,000	31021
C80010	Security Enhancements	$	200,000	31022
C80011	Gas Line Replacement	$	80,000	31023
C80012	Roof Replacement Main & Training	$	800,000	31024
C80013	ADAMS Data Imaging System	$	35,000	31025
C80014	Mobile Fire Behavior Lab	$	75,000	31026
C80015	Gas Chromatograph/Mass Spec	$	90,000	31027
C80016	Search & Rescue Training Module	$	70,000	31028
C80017	Fiber-optic Installation with AGR	$	200,000	31029
Total Department of Commerce		$	1,600,000	31030
TOTAL State Fire Marshal Fund		$	1,600,000	31031

Section 209.10. The items set forth in this section are	31033
hereby appropriated out of any moneys in the state treasury to the	31034
credit of the Veterans' Home Improvement Fund (Fund 6040) that are	31035
not otherwise appropriated.	31036

Appropriations

OVH OHIO VETERANS' HOME AGENCY	31037

C43027	G-Life Safety & Security	$	167,300	31038
C43028	G-Critical Power & Grounds	$	274,750	31039
C43029	S-S/G Tub Room & Nurse Call	$	999,768	31040
C43030	S-G Renovate Giffin First Floor	$	225,085	31041
C43031	S-S/G Floor Replacement	$	311,915	31042
C43032	S-S. VH HVAC Upgrade	$	733,889	31043
C43033	S-Network Infrastructure	$	263,204	31044
C43034	G-HVAC Controls Upgrade	$	192,500	31045
C43035	S-Replace Wanderguard System	$	261,000	31046
Total Ohio Veterans' Home Agency		$	3,429,411	31047
TOTAL Veterans' Home Improvement Fund		$	3,429,411	31048

Section 211.10. The items set forth in this section are	31050
hereby appropriated out of any moneys in the state treasury to the	31051
credit of the Highway Safety Fund (Fund 7036) that are not	31052
otherwise appropriated.	31053

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	31054

C76021	Academy Maintenance and Repair	$	1,696,345	31055
Total Department of Public Safety		$	1,696,345	31056
TOTAL Highway Safety Fund		$	1,696,345	31057

Section 213.10. The items set forth in this section are	31059
hereby appropriated out of any moneys in the state treasury to the	31060
credit of the State Capital Improvements Revolving Loan Fund (Fund	31061
7040). Revenues to the State Capital Improvements Revolving Loan	31062
Fund shall consist of all repayments of loans made to local	31063
subdivisions for capital improvements, investment earnings on	31064
moneys in the fund, and moneys obtained from federal or private	31065
grants or from other sources for the purpose of making loans for	31066
the purpose of financing or assisting in the financing of the cost	31067
of capital improvement projects of local subdivisions.	31068

Appropriations

PWC PUBLIC WORKS COMMISSION	31069

C15030	Revolving Loan	$	39,500,000	31070
Total Public Works Commission		$	39,500,000	31071
TOTAL State Capital Improvements Revolving Loan Fund		$	39,500,000	31072

The foregoing appropriation item C15030, Revolving Loan,	31073
shall be used in accordance with sections 164.01 to 164.12 of the	31074
Revised Code.	31075

If the Public Works Commission receives refunds due to	31076
project overpayments that are discovered during a post-project	31077
audit, the Director of the Public Works Commission may certify to	31078
the Director of Budget and Management that refunds have been	31079
received. In certifying the refunds, the Director of the Public	31080
Works Commission shall provide the Director of Budget and	31081
Management information on the project refunds. The certification	31082
shall detail by project the source and amount of project	31083
overpayments received and include any supporting documentation	31084
required or requested by the Director of Budget and Management.	31085
Upon receipt of the certification, the Director of Budget and	31086
Management shall determine if the project refunds are necessary to	31087
support existing appropriations. If the project refunds are	31088
available to support additional appropriations, these amounts are	31089
hereby appropriated to appropriation item C15030, Revolving Loan.	31090

Section 215.10. The items set forth in this section are	31091
hereby appropriated out of any moneys in the state treasury to the	31092
credit of the Waterways Safety Fund (Fund 7086) that are not	31093
otherwise appropriated.	31094

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	31095

C725A7	Cooperative Grant Funding for Boating Facilities	$	9,300,000	31096
C725N9	Operations Facilities Development - Sandusky Watercraft Office Construction	$	2,350,000	31097
Total Department of Natural Resources		$	11,650,000	31098
TOTAL Waterways Safety Fund		$	11,650,000	31099

Section 217.10. The items set forth in this section are	31101
hereby appropriated out of any moneys in the state treasury to the	31102
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	31103
not otherwise appropriated:	31104

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	31105

C19500	Clean Ohio Revitalization	$	32,000,000	31106
C19501	Clean Ohio Assistance	$	8,000,000	31107
Total Department of Development		$	40,000,000	31108
TOTAL Clean Ohio Assistance Fund		$	40,000,000	31109

Section 217.11. CLEAN OHIO REVITALIZATION

31111

The Treasurer of State is hereby authorized to issue and	31112
sell, in accordance with Section 2o of Article VIII, Ohio	31113
Constitution, and pursuant to sections 151.01 and 151.40 of the	31114
Revised Code, original obligations in an aggregate principal	31115
amount not to exceed $40,000,000 in addition to the original	31116
issuance of obligations heretofore authorized by prior acts of the	31117
General Assembly. These authorized obligations shall be issued	31118
and sold from time to time, subject to applicable constitutional	31119
and statutory limitations, as needed to ensure sufficient moneys	31120
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	31121
pay costs of revitalization projects.	31122

Section 219.10. The items set forth in this section are	31123
hereby appropriated out of any moneys in the state treasury to the	31124
credit of the Job Ready Site Development Fund (Fund 7012) that	31125
are not otherwise appropriated:	31126

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	31127

C19502	Job Ready Sites	$	30,000,000	31128
Total Department of Development		$	30,000,000	31129
TOTAL Job Ready Site Development Fund		$	30,000,000	31130

Section 219.11. JOB READY SITE DEVELOPMENT

31132

The Ohio Public Facilities Commission, upon request of the	31133
Department of Development, is hereby authorized to issue and sell,	31134
in accordance with Section 2p of Article VIII, Ohio Constitution,	31135
and pursuant to sections 151.01 and 151.11 of the Revised Code,	31136
original obligations of the State of Ohio in an aggregate amount	31137
not to exceed $30,000,000 in addition to the original issuance of	31138
obligations heretofore authorized by prior acts of the General	31139
Assembly. These authorized obligations shall be issued and sold	31140
from time to time, subject to applicable constitutional and	31141
statutory limitations, as needed to ensure sufficient moneys to	31142
the credit of the Job Ready Site Development Fund (Fund 7012) to	31143
pay costs of sites and facilities.	31144

Section 221.10. The items set forth in the sections of this	31145
act prefixed with the section number "221" are hereby appropriated	31146
out of any moneys in the state treasury to the credit of the	31147
Administrative Building Fund (Fund 7026) that are not otherwise	31148
appropriated.	31149

Appropriations

Section 221.10.10. ADJ ADJUTANT GENERAL

31150

C74502	Roof Replacement - Various Facilities	$	583,874	31151
C74503	Electrical Systems - Various Facilities	$	348,079	31152
C74504	Camp Perry Facility/Infrastructure Improvements	$	500,000	31153
C74505	Replace Windows and Doors - Various Facilities	$	341,342	31154
C74506	Plumbing Renovations - Various Facilities	$	523,241	31155
C74507	Paving Renovations - Various Facilities	$	527,733	31156
C74508	HVAC Systems - Various Facilities	$	1,387,939	31157
C74510	Masonary Renovations - Various Facilities	$	180,000	31158
C74526	Energy Conservation - Various Facilities	$	107,792	31159
C74527	Mansfield Lahm Air National Guard Facility	$	200,000	31160
C74528	Camp Perry Improvements	$	1,000,000	31161
C74531	Rickenbacker Radar Project	$	1,125,000	31162
Total Adjutant General		$	6,825,000	31163

Appropriations

Section 221.10.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

31165

C10010	Surface Road Building Renovations	$	400,000	31166
C10013	Energy Conservation Projects	$	2,100,000	31167
C10015	SOCC Renovations	$	5,000,000	31168
C10020	North High Street Complex Renovations	$	12,500,000	31169
C10030	Broadband Ohio	$	5,000,000	31170
C10031	Operations Facilities Improvements	$	2,800,000	31171
C10032	Columbus Downtown Development - Sky Bridge Project	$	2,500,000	31172
Total Department of Administrative Services		$	30,300,000	31173

Appropriations

Section 221.10.30. AGR DEPARTMENT OF AGRICULTURE

31175

C70007	Building and Grounds Renovation	$	650,000	31176
C70014	Grounds Security and Emergency Power	$	200,000	31177
C70015	Fiber Installation for Infrastructure ODA/SFM	$	200,000	31178
C70016	ODA/SFM Shared Driveway/Entrance	$	50,000	31179
C70017	Raze Building #2	$	265,000	31180
Total Department of Agriculture		$	1,365,000	31181

Appropriations

Section 221.10.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY	31183
BOARD	31184

C87406	Grounds Improvement	$	221,000	31185
C87407	Sound and Lighting Systems	$	145,000	31186
C87408	HVAC Improvement	$	628,381	31187
C87412	Security and Safety Upgrades	$	337,000	31188
C87413	Education Center	$	540,367	31189
C87414	CSRAB Warehouse	$	450,000	31190
C87415	Interior Repairs and Replacements	$	186,000	31191
Total Capitol Square Review and Advisory Board		$	2,507,748	31192

Appropriations

Section 221.10.50. EXP EXPOSITIONS COMMISSION

31194

C72300	Electric Upgrade	$	2,100,000	31195
C72303	Building Renovations and Repairs	$	11,900,000	31196
C72312	Emergency Renovations and Equipment Replacement	$	1,000,000	31197
C72315	North Parking Lot Improvements and Paving	$	5,000,000	31198
Total Expositions Commission		$	20,000,000	31199

Appropriations

Section 221.10.60. LIB STATE LIBRARY BOARD

31201

C35001		OPLIN Router Replacement Project		$	200,000		31202
Total State Library Board				$	200,000		31203

Appropriations

Section 221.10.70. DNR DEPARTMENT OF NATURAL RESOURCES

31205

C725D5	Fountain Square Building and Telephone System Improvements	$	1,000,000	31206
C725D7	MARCS	$	425,000	31207
C725E0	DNR Fairgrounds Area - General Upgrading - Fairgrounds Site Improvements	$	500,000	31208
C725N7	Operations Facilities Development	$	300,000	31209
Total Department of Natural Resources		$	2,225,000	31210

Appropriations

Section 221.10.80. DPS DEPARTMENT OF PUBLIC SAFETY

31212

C76017	Replacement Mission Critical Building System	$	725,250	31213
C76022	American Red Cross Facility - Cincinnati	$	1,000,000	31214
C76023	Red Cross Muskingum Lakes Chapter	$	500,000	31215
C76024	American Red Cross Facility - Tuscarawas	$	250,000	31216
C76025	Family Services of Cincinnati	$	50,000	31217
C76026	Tallmadge Shooting Range	$	500,000	31218
C76027	Southeast Ohio Emergency Responder Facility	$	25,000	31219
Total Department of Public Safety		$	3,050,250	31220

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

31222

C22618	Front Entry Renovations	$	112,500	31223
C22619	Public Address System Replacement	$	77,000	31224
C22620	School HVAC Renovation	$	215,000	31225
C22621	Renovations to Cottage C1	$	125,000	31226
C22622	Track Shelter	$	45,000	31227
Total School for the Blind		$	574,500	31228

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

31230

C22108	High School Window Replacement	$	123,000	31231
C22109	High School HVAC	$	117,500	31232
C22110	Gymnasium Floor & Lighting	$	237,000	31233
C22111	Staff Building Windows and Repairs	$	97,000	31234
C22112	Alumni Park Preservation	$	62,500	31235
Total School for the Deaf		$	637,000	31236

Appropriations

Section 221.20.20. DOT DEPARTMENT OF TRANSPORTATION

31237

C77701	Chillicothe Transit Facility - District 9	$	550,000	31238
Total Department of Transportation		$	550,000	31239
TOTAL Administrative Building Fund		$	68,234,498	31240

Section 221.20.30. The Ohio Building Authority is hereby	31242
authorized to issue and sell, in accordance with Section 2i of	31243
Article VIII, Ohio Constitution, and Chapter 152. and other	31244
applicable sections of the Revised Code, original obligations in	31245
an aggregate principal amount not to exceed $48,000,000 in	31246
addition to the original issuance of obligations heretofore	31247
authorized by prior acts of the General Assembly. These authorized	31248
obligations shall be issued, subject to applicable constitutional	31249
and statutory limitations, to pay costs associated with previously	31250
authorized capital facilities and the capital facilities referred	31251
to in Sections 221.10.10 to 221.20.10 of this act.	31252

Section 222.10. DEBT SERVICE PAYMENTS TO THE OHIO BUILDING	31253
AUTHORITY	31254

The Ohio Building Authority shall bill the Capitol Square	31255
Review and Advisory Board, either annually or semiannually, an	31256
amount equal to the debt service charges relating to $450,000 in	31257
additional appropriation authority for the purchase and	31258
improvement of a warehouse in which to store items of the Capitol	31259
Collection Trust and, whenever necessary, equipment or other	31260
property of the Board. The total amount billed each fiscal year	31261
shall not exceed $50,000. The Capitol Square Review and Advisory	31262
Board shall pay such billed amounts from state underground	31263
parking garage fees, receipts, and revenues.	31264

Section 223.10. The items set forth in this section are	31265
hereby appropriated out of any moneys in the state treasury to the	31266
credit of the Adult Correctional Building Fund (Fund 7027) that	31267
are not otherwise appropriated.	31268

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	31269

STATEWIDE AND CENTRAL OFFICE PROJECTS	31270

C50101	Community Based Correctional Facilities	$	1,600,000	31271
C50103	Asbestos Abatement - SW	$	1,000,000	31272
C50104	Power House/Utility Improvements - SW	$	1,400,000	31273
C50105	Water System/Plant Improvements - SW	$	6,000,000	31274
C50110	Security Improvements - SW	$	10,434,897	31275
C50136	General Building Renovations - SW	$	42,665,103	31276
C50175	Mandown Alert Communication - SW	$	4,800,000	31277
C501B3	Electrical System Upgrade - SW	$	4,100,000	31278
Total Statewide and Central Office Projects		$	72,000,000	31279
TOTAL Department of Rehabilitation and Correction		$	72,000,000	31280
TOTAL Adult Correctional Building Fund		$	72,000,000	31281

Section 223.11. The Ohio Building Authority is hereby	31283
authorized to issue and sell, in accordance with Section 2i of	31284
Article VIII, Ohio Constitution, and Chapter 152. and section	31285
307.021 of the Revised Code, original obligations in an aggregate	31286
principal amount not to exceed $62,000,000 in addition to the	31287
original issuance of obligations heretofore authorized by prior	31288
acts of the General Assembly. These authorized obligations shall	31289
be issued, subject to applicable constitutional and statutory	31290
limitations, to pay costs associated with previously authorized	31291
capital facilities and the capital facilities referred to in	31292
Section 223.10 of this act for the Department of Rehabilitation	31293
and Correction.	31294

Section 225.10. The items set forth in this section are	31295
hereby appropriated out of any moneys in the state treasury to the	31296
credit of the Juvenile Correctional Building Fund (Fund 7028)	31297
that are not otherwise appropriated.	31298

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES	31299

C47001	Fire Suppression, Safety and Security	$	4,036,125	31300
C47002	General Institutional Renovations	$	4,424,725	31301
C47003	CCF Renovations/Maintenance	$	2,000,000	31302
C47007	Juvenile Detention Centers	$	4,980,000	31303
C47016	Shower Renovation - SJCF	$	1,642,000	31304
C47017	Roof Replacement - SJCF	$	1,508,650	31305
C47018	Educational Annex - CHJCF	$	1,408,500	31306
C47019	Lawrence County Youth Facility Relocation	$	500,000	31307
Total Department of Youth Services		$	20,500,000	31308
TOTAL Juvenile Correctional Building Fund		$	20,500,000	31309

Section 225.11. The Ohio Building Authority is hereby	31311
authorized to issue and sell, in accordance with Section 2i of	31312
Article VIII, Ohio Constitution, and Chapter 152. and other	31313
applicable sections of the Revised Code, original obligations in	31314
an aggregate principal amount not to exceed $19,000,000 in	31315
addition to the original issuance of obligations heretofore	31316
authorized by prior acts of the General Assembly. These authorized	31317
obligations shall be issued, subject to applicable constitutional	31318
and statutory limitations, to pay the costs associated with	31319
previously authorized capital facilities and the capital	31320
facilities referred to in Section 225.10 of this act for the	31321
Department of Youth Services.	31322

Section 227.10. The items set forth in this section are	31323
hereby appropriated out of any moneys in the state treasury to the	31324
credit of the Cultural and Sports Facilities Building Fund (Fund	31325
7030) that are not otherwise appropriated.	31326

Appropriations

AFC CULTURAL FACILITIES COMMISSION	31327

C37118	Statewide Site Repairs	$	650,000	31328
C37120	Cincinnati Museum Center	$	2,500,000	31329
C37122	Akron Art Museum	$	700,000	31330
C37123	Youngstown Symphony Orchestra	$	675,000	31331
C37127	Cedar Bog	$	50,000	31332
C37139	Stan Hywet Hall & Gardens	$	1,050,000	31333
C37140	McKinley Museum Improvements	$	200,000	31334
C37142	Midland Theatre Improvements	$	300,000	31335
C37148	Hayes Presidential Center	$	150,000	31336
C37152	Zoar Village Building Restoration	$	90,000	31337
C37153	Basic Renovations and Emergency Repairs	$	850,000	31338
C37158	Rankin House Restoration and Development	$	242,000	31339
C37163	Harding Home and Tomb	$	340,000	31340
C37165	Ohio Historical Center Rehabilitation	$	514,000	31341
C37187	Renaissance Theatre	$	900,000	31342
C37188	Trumpet in the Land Facility	$	150,000	31343
C371A3	Voice of America Museum Facility	$	500,000	31344
C371A9	Western Reserve Historical Society	$	300,000	31345
C371C7	Music Hall Facility	$	1,100,000	31346
C371E5	Pro Football Hall of Fame	$	500,000	31347
C371F6	Colony Theater	$	250,000	31348
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	31349
C371G6	Lockington Locks Stabilization	$	462,000	31350
C371H2	National Underground Railroad Freedom Center	$	850,000	31351
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	31352
C371H7	COSI - Columbus	$	500,000	31353
C371H8	Columbus Museum of Art	$	1,500,000	31354
C371J3	Davis-Shai Historical Facility	$	725,000	31355
C371J4	Massillon Museum Improvements	$	150,000	31356
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	31357
C371J9	Stambaugh Auditorium	$	675,000	31358
C371K3	Cincinnati Ballet	$	250,000	31359
C371L3	Ukrainian Museum	$	50,000	31360
C371L4	Gordon Square Arts District	$	1,800,000	31361
C371M8	Hale Farm and Village	$	200,000	31362
C371O9	Historic Site-Signage - Phase II	$	50,000	31363
C371P4	Cleveland Playhouse	$	150,000	31364
C371P9	Civil War Site Improvements	$	475,000	31365
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	31366
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	31367
C371Q2	Ballpark Village project	$	2,000,000	31368
C371Q5	Cincinnati Zoo	$	1,500,000	31369
C371Q6	Cincinnati Art Museum	$	1,500,000	31370
C371R0	King Arts Complex	$	861,000	31371
C371R3	Loudonville Opera House	$	600,000	31372
C371R4	Eagles Palace Theater	$	600,000	31373
C371R6	Historic McCook House	$	500,000	31374
C371R7	Jeffrey Mansion in Bexley	$	475,000	31375
C371R8	Columbus Zoo and Aquarium	$	500,000	31376
C371S0	Towpath Trail	$	500,000	31377
C371S1	Museum of Contemporary Art Cleveland	$	450,000	31378
C371S2	Arts in Stark Cultural Center	$	450,000	31379
C371S3	Ohio Genealogical Society	$	350,000	31380
C371S5	The Fine Arts Association	$	300,000	31381
C371S7	Maltz Museum of Jewish Heritage	$	300,000	31382
C371S8	Allen County Historical Society Museum Renovation	$	280,000	31383
C371S9	Portsmouth Mural	$	250,000	31384
C371T0	Mt. Vernon - Nazarene University Arts Center	$	300,000	31385
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	31386
C371T3	Boonshoft Museum of Discovery	$	250,000	31387
C371T5	Cliffton Cultural Arts Center	$	250,000	31388
C371T6	Baltimore Theatre	$	50,000	31389
C371T7	Rock Mill Park Improvements	$	150,000	31390
C371T9	Cozad-Bates House Historic Project	$	100,000	31391
C371U1	Playhouse Square Center	$	350,000	31392
C371U3	Lake Erie Nature & Science Center	$	200,000	31393
C371U4	Great Lakes Science Center	$	300,000	31394
C371U5	Cleveland Zoological Society	$	150,000	31395
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	31396
C371V0	Chesterhill Union Hall Theatre	$	25,000	31397
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	31398
C371V2	Hallsville Historical Society	$	100,000	31399
C371V3	Fayette County Historical Society	$	150,000	31400
C371V4	Covedale Theatre	$	100,000	31401
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	31402
C371V6	Madeira Historical Society/Miller House	$	60,000	31403
C371V7	Sylvania Historic Village restoration	$	200,000	31404
C371V9	Henry County Historical Society museum	$	59,000	31405
C371W0	Antwerp Railroad Depot historic building	$	106,000	31406
C371W1	Village of Edinburg Veterans Memorial	$	35,000	31407
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	31408
C371W3	North Ridgeville Historic Community Theater	$	175,000	31409
C371W4	Redbrick Center for the Arts	$	200,000	31410
C371W5	Irene Lawrence Fuller Historic House	$	250,000	31411
C371W6	Preble County Historical Society Amphitheater	$	250,000	31412
C371W7	BalletTech	$	200,000	31413
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	31414
C371W9	Rickenbacker Boyhood Home	$	139,000	31415
C371X0	Rivers Edge Amphitheater project	$	100,000	31416
C371X1	Variety Theater	$	85,000	31417
C371X2	Morgan Township Historical Society	$	80,000	31418
C371X3	Salem Community Theater	$	53,000	31419
C371X4	Our House State Memorial	$	50,000	31420
C371X5	Belle's Opera House Improvements	$	50,000	31421
C371X6	Warren Veterans memorial	$	50,000	31422
C371X7	Huntington Playhouse	$	40,000	31423
C371X8	Cambridge Performing Arts Center	$	37,500	31424
C371X9	Old Harvey Historic School Restoration	$	25,000	31425
C371Y0	Dalton Community Historical Society	$	10,000	31426
C371Y1	Mohawk Veterans' Memorial	$	15,000	31427
C371Y2	Cleveland Museum of Natural History	$	150,000	31428
C371Y3	Fire Museum	$	83,334	31429
C371Y4	New Town Indian Artifact Museum	$	300,000	31430
C371Y5	City of Perrysburg Fort Meigs	$	200,000	31431
C371Y6	Historic League Park Restoration	$	150,000	31432
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	31433
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	31434
C371Z1	Great Lakes Historical Museum	$	200,000	31435
Total Cultural Facilities Commission		$	43,709,834	31436
TOTAL Cultural and Sports Facilities Building Fund		$	43,709,834	31437

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	31438
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	31439
Center project.	31440

Section 227.11. The Treasurer of State is hereby authorized	31441
to issue and sell, in accordance with Section 2i of Article VIII,	31442
Ohio Constitution, and Chapter 154. and other applicable sections	31443
of the Revised Code, original obligations in an aggregate	31444
principal amount not to exceed $42,000,000 in addition to the	31445
original issuance of obligations heretofore authorized by prior	31446
acts of the General Assembly. These authorized obligations shall	31447
be issued, subject to applicable constitutional and statutory	31448
limitations, to pay costs of capital facilities as defined in	31449
section 154.01 of the Revised Code, including construction as	31450
defined in division (H) of section 3383.01 of the Revised Code, of	31451
the Ohio cultural facilities designated in Section 227.10 of this	31452
act.	31453

Section 229.10. The items set forth in this section are	31454
hereby appropriated out of any moneys in the state treasury to the	31455
credit of the Ohio Parks and Natural Resources Fund (Fund 7031)	31456
that are not otherwise appropriated.	31457

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	31458

STATEWIDE AND LOCAL PROJECTS	31459

C72512	Land Acquisition - Department	$	3,000,000	31460
C72549	Operations Facilities Development	$	1,500,000	31461
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	750,000	31462
C725C0	Cap Abandoned Water Wells	$	50,000	31463
C725E1	NatureWorks Local Park Grants	$	3,800,000	31464
C725E5	Project Planning	$	1,100,000	31465
C725J0	Natural Areas and Preserves Maintenance Facility Development - Springville Marsh Carbon Rod Removal	$	200,000	31466
C725M0	Dam Rehabilitation - Department	$	10,000,000	31467
C725N1	Handicapped Accessibility - Department	$	250,000	31468
C725N5	Wastewater/Water Systems Upgrade - Department	$	3,000,000	31469
C725O1	The Wilds	$	1,000,000	31470
C725P9	Boundary Protection	$	150,000	31471
C725R6	Blanchard River Flood Mitigation Efforts	$	3,000,000	31472
C725R7	Lake Alma Restroom and Shower Upgrades	$	750,000	31473
C725R8	Indian Lake Dredging	$	200,000	31474
C725R9	Wabash Watershed - Grand Lake St. Marys Dredging	$	150,000	31475
C725S0	Historic Pittsburgh Marion & Chicago Train Station Bike Trail	$	145,000	31476
C725S1	Addyston Boat Ramp	$	100,000	31477
C725S2	Sylvania Retaining Wall Project	$	200,000	31478
Total Statewide and Local Projects		$	29,245,000	31479
Total Department of Natural Resources		$	29,345,000	31480
TOTAL Ohio Parks and Natural Resources Fund		$	29,345,000	31481

Of the foregoing appropriation item C72512, Land Acquisition	31482
- Department, $2,500,000 shall be used for the acquisition of the	31483
Vinton Furnace Experimental Forest.	31484

The foregoing appropriation item C725R6, Blanchard River	31485
Flood Mitigation Efforts, shall be used in conjunction with the	31486
U.S. Army Corps of Engineers plan to address continuing flooding	31487
of the Blanchard River in Putnam, Hancock, Hardin, Wyandot, Allen,	31488
and Seneca Counties as part of the nonfederal share.	31489

Section 229.11. The Ohio Public Facilities Commission, upon	31490
the request of the Director of Natural Resources, is hereby	31491
authorized to issue and sell, in accordance with Section 2l of	31492
Article VIII, Ohio Constitution, and Chapter 151. and particularly	31493
sections 151.01 and 151.05 of the Revised Code, original	31494
obligations in an aggregate principal amount not to exceed	31495
$28,000,000 in addition to the original issuance of obligations	31496
heretofore authorized by prior acts of the General Assembly. These	31497
authorized obligations shall be issued, subject to applicable	31498
constitutional and statutory limitations, as needed to provide	31499
sufficient moneys to the credit of the Ohio Parks and Natural	31500
Resources Fund (Fund 7031) to pay costs of capital facilities as	31501
defined in sections 151.01 and 151.05 of the Revised Code.	31502

Section 231.10. The items set forth in the sections of this	31503
act prefixed with the number "231" are hereby appropriated out of	31504
any moneys in the state treasury to the credit of the Mental	31505
Health Facilities Improvement Fund (Fund 7033) that are not	31506
otherwise appropriated.	31507

Appropriations

Section 231.10.10. ADA DEPARTMENT OF ALCOHOL AND DRUG	31508
ADDICTION SERVICES	31509

C03804	Rehab Center of North Central Ohio	$	300,000	31510
C03805	Prevention and Recovery Board - Jefferson County	$	300,000	31511
C03806	Lorain County Alcohol and Drug Abuse Services	$	250,000	31512
C03807	First Step Home	$	200,000	31513
C03808	Glenbeigh Extended Residential Care	$	500,000	31514
Total Department of Alcohol and Drug Addiction Services		$	1,550,000	31515

Appropriations

Section 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

31517

C58000	Hazardous Material Abatement	$	500,000	31518
C58001	Community Assistance Projects	$	9,160,000	31519
C58006	Patient Care Environment Improvement	$	3,700,000	31520
C58007	Infrastructure Improvements	$	4,600,000	31521
C58010	Campus Consolidation	$	83,700,000	31522
C58017	Bellefaire Jewish Children's Bureau	$	400,000	31523
C58018	Safety and Security Improvements	$	1,460,000	31524
C58019	Energy Conservation Projects	$	750,000	31525
C58020	Mandel Jewish Community Center	$	210,000	31526
Total Department of Mental Health		$	104,480,000	31527

COMMUNITY ASSISTANCE PROJECTS

31528

Of the foregoing appropriation item C58001, Community	31529
Assistance Projects, $260,000 shall be used for the Christian	31530
Children's Home, $200,000 shall be used for the Michael's House	31531
Child Advocacy Center, $100,000 shall be used for the Children's	31532
Home of Cincinnati, $100,000 shall be used for the Achievement	31533
Centers for Children, $100,000 shall be used for the Shaw JCC,	31534
$100,000 shall be used for Someplace Safe, $300,000 shall be used	31535
for the Berea Children's Home, and $6,300,000 shall be used for	31536
the development of a crisis care center in the area previously	31537
serviced by the Dayton Campus of Twin Valley Behavioral Health	31538
Organization.	31539

Appropriations

Section 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	31540
DEVELOPMENTAL DISABILITIES	31541

STATEWIDE AND CENTRAL OFFICE PROJECTS	31542

C59004	Community Assistance Projects	$	13,301,537	31543
C59022	Razing of Buildings	$	200,000	31544
C59024	Telecommunications	$	400,000	31545
C59029	Generator Replacement	$	1,000,000	31546
C59034	Statewide Developmental Centers	$	4,294,237	31547
C59050	Emergency Improvements	$	500,000	31548
C59051	Energy Conservation	$	500,000	31549
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	31550
C59053	Magnolia Clubhouse	$	250,000	31551
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	31552
C59055	Camp McKinley Improvements	$	30,000	31553
C59056	The Hope Learning Center	$	250,000	31554
C59057	North Olmstead Welcome House	$	150,000	31555
C59058	Providence House	$	200,000	31556
Total Statewide and Central Office Projects		$	21,500,774	31557
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,500,774	31558
TOTAL Mental Health Facilities Improvement Fund		$	127,530,774	31559

COMMUNITY ASSISTANCE PROJECTS

31560

The foregoing appropriation item C59004, Community Assistance	31561
Projects, may be used to provide community assistance funds for	31562
the development, purchase, construction, or renovation of	31563
facilities for day programs or residential programs that provide	31564
services to persons eligible for services from the Department of	31565
Mental Retardation and Developmental Disabilities or county boards	31566
of mental retardation and developmental disabilities. Any funds	31567
provided to nonprofit agencies for the construction or renovation	31568
of facilities for persons eligible for services from the	31569
Department of Mental Retardation and Developmental Disabilities	31570
and county boards of mental retardation and developmental	31571
disabilities shall be governed by the prevailing wage provisions	31572
in section 176.05 of the Revised Code.	31573

Section 231.30.10. The foregoing appropriations for the	31574
Department of Mental Health, C58001, Community Assistance	31575
Projects, and the Department of Mental Retardation and	31576
Developmental Disabilities, C59004, Community Assistance	31577
Projects, may be used for facilities constructed or to be	31578
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	31579
5126. of the Revised Code or the authority granted by section	31580
154.20 of the Revised Code and the rules issued pursuant to those	31581
chapters and shall be distributed by the Department of Mental	31582
Health and the Department of Mental Retardation and Developmental	31583
Disabilities, all subject to Controlling Board approval.	31584

Section 231.30.20. (A) No capital improvement appropriations	31585
made in Sections 231.10.10 to 231.30.10 of this act shall be	31586
released for planning or for improvement, renovation, or	31587
construction or acquisition of capital facilities if a	31588
governmental agency, as defined in section 154.01 of the Revised	31589
Code, does not own the real property that constitutes the capital	31590
facilities or on which the capital facilities are or will be	31591
located. This restriction does not apply in any of the following	31592
circumstances:	31593

(1) The governmental agency has a long-term (at least fifteen	31594
years) lease of, or other interest (such as an easement) in, the	31595
real property.	31596

(2) In the case of an appropriation for capital facilities	31597
that, because of their unique nature or location, will be owned or	31598
be part of facilities owned by a separate nonprofit organization	31599
and made available to the governmental agency for its use or	31600
operated by the nonprofit organization under contract with the	31601
governmental agency, the nonprofit organization either owns or has	31602
a long-term (at least fifteen years) lease of the real property or	31603
other capital facility to be improved, renovated, constructed, or	31604
acquired and has entered into a joint or cooperative use	31605
agreement, approved by the Department of Mental Health or the	31606
Department of Mental Retardation and Developmental Disabilities,	31607
whichever is applicable, with the governmental agency for that	31608
agency's use of and right to use the capital facilities to be	31609
financed and, if applicable, improved, the value of such use or	31610
right to use being, as determined by the parties, reasonably	31611
related to the amount of the appropriation.	31612

(B) In the case of capital facilities referred to in division	31613
(A)(2) of this section, the joint or cooperative use agreement	31614
shall include, at a minimum, provisions that:	31615

(1) Specify the extent and nature of that joint or	31616
cooperative use, extending for not fewer than fifteen years, with	31617
the value of such use or right to use to be, as determined by the	31618
parties and approved by the approving department, reasonably	31619
related to the amount of the appropriation;	31620

(2) Provide for pro rata reimbursement to the state should	31621
the arrangement for joint or cooperative use by a governmental	31622
agency be terminated;	31623

(3) Provide that procedures to be followed during the capital	31624
improvement process will comply with applicable state statutes	31625
and rules, including the provisions of this act.	31626

Section 231.40.10. The Treasurer of State is hereby	31627
authorized to issue and sell in accordance with Section 2i of	31628
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	31629
Code, particularly section 154.20 of the Revised Code, original	31630
obligations in an aggregate principal amount not to exceed	31631
$128,000,000 in addition to the original issuance of obligations	31632
heretofore authorized by prior acts of the General Assembly. These	31633
authorized obligations shall be issued, subject to applicable	31634
constitutional and statutory limitations, to pay costs of capital	31635
facilities as defined in section 154.01 of the Revised Code for	31636
mental hygiene and retardation.	31637

Section 233.10. The items set forth in the sections of this	31638
act prefixed with the section number "233" are hereby appropriated	31639
out of any moneys in the state treasury to the credit of the	31640
Higher Education Improvement Fund (Fund 7034) that are not	31641
otherwise appropriated.	31642

Appropriations

Section 233.10.10. ETC ETECH OHIO

31643

C37403	OGT Camera and Cabling Replacement	$	725,000	31644
C37404	Digital Conversion	$	525,000	31645
C37405	Digital Conversion for Public Television	$	9,000,000	31646
Total eTech Ohio		$	10,250,000	31647

Appropriations

Section 233.20.10. BOARD OF REGENTS AND STATE INSTITUTIONS OF	31649
HIGHER EDUCATION	31650

BOR BOARD OF REGENTS	31651

C23501	Ohio Supercomputer Center Expansion	$	2,000,000	31652
C23502	Research Facility Action and Investment Funds	$	5,500,000	31653
C23506	Third Frontier Wright Capital	$	100,000,000	31654
C23516	Ohio Library and Information Network	$	9,910,000	31655
C23519	315 Corridor/SciTech	$	500,000	31656
C23524	Supplemental Renovations - Library Depositories	$	5,500,000	31657
C23529	Non-credit Job Training Facilities	$	2,350,000	31658
C23530	Technology Initiatives	$	3,741,000	31659
C23531	Ohio Aerospace Institute	$	200,000	31660
C23532	Dark Fiber/OARnet	$	2,000,000	31661
C23533	Instructional and Data Processing Equipment	$	20,799,000	31662
C23534	Central State Student Activity Center	$	14,000,000	31663
C23535	CWRU Energy Center	$	333,333	31664
Total Board of Regents		$	166,833,333	31665

Section 233.20.20. RESEARCH FACILITY ACTION AND INVESTMENT	31667
FUNDS	31668

The foregoing appropriation item C23502, Research Facility	31669
Action and Investment Funds, shall be used for a program of grants	31670
to be administered by the Board of Regents to provide timely	31671
availability of capital facilities for research programs and	31672
research-oriented instructional programs at or involving	31673
state-supported and state-assisted institutions of higher	31674
education.	31675

Section 233.20.30. THIRD FRONTIER WRIGHT CAPITAL

31676

The foregoing appropriation item C23506, Third Frontier	31677
Wright Capital, shall be used to acquire, renovate, or construct	31678
facilities and purchase equipment for research programs,	31679
technology development, product development, and commercialization	31680
programs at or involving state-supported and state-assisted	31681
institutions of higher education. The funds shall be used to make	31682
grants, which shall be awarded on a competitive basis, and shall	31683
be administered by the Third Frontier Commission. Expenditure of	31684
these funds shall comply with Section 2n of Article VIII, Ohio	31685
Constitution, and sections 151.01 and 151.04 of the Revised Code	31686
and shall be for the period beginning July 1, 2008, and ending	31687
June 30, 2010.	31688

The Third Frontier Commission shall develop guidelines	31689
relative to the application for and selection of projects funded	31690
from appropriation item C23506, Third Frontier Wright Capital.	31691
The Commission may develop the guidelines in consultation with	31692
other interested parties. The Board of Regents and all	31693
state-assisted and state-supported institutions of higher	31694
education shall take all actions necessary to implement grants	31695
awarded by the Third Frontier Commission.	31696

The foregoing appropriation item C23506, Third Frontier	31697
Wright Capital, consists of proceeds of obligations in the Higher	31698
Education Improvement Fund (Fund 7034) that are to be applied to	31699
capital improvements and capital facilities for state-supported	31700
and state-assisted institutions of higher education.	31701

Appropriations

Section 233.30.10. UAK UNIVERSITY OF AKRON

31702

C25000	Basic Renovations	$	5,056,161	31703
C25002	Wayne College Renovations/Expansion	$	258,182	31704
C25033	Polymer Processing Center - Phase II	$	7,363,281	31705
C25038	College of Education	$	5,000,000	31706
C25039	Campus Implementation	$	1,452,047	31707
C25040	Replacement of Gym Floor	$	150,000	31708
C25041	Maintenance Building	$	250,000	31709
C25042	Property Management Projects	$	150,000	31710
C25043	Akron Canton Regional Foodbank	$	200,000	31711
C25044	Hiram College James A. Garfield Institute	$	500,000	31712
Total University of Akron		$	20,379,671	31713

Appropriations

Section 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

31715

C24000	Basic Renovations	$	4,354,164	31716
C24001	Basic Renovations - Firelands	$	298,536	31717
C24021	Fine Art and Theater Complex	$	6,116,000	31718
C24037	Academic Buildings Rehabilitation	$	6,857,801	31719
C24038	Health Sciences Building	$	934,363	31720
C24039	Wood County Health District Facility	$	1,200,000	31721
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	31722
Total Bowling Green University		$	20,138,864	31723

Appropriations

Section 233.30.30. CSU CENTRAL STATE UNIVERSITY

31725

C25500	Basic Renovations	$	1,100,972	31726
C25503	Center for Education & Natural Sciences	$	1,000,000	31727
C25507	Campus Master Plan	$	500,000	31728
C25508	Emery Hall	$	545,746	31729
Total Central State University		$	3,146,718	31730

Appropriations

Section 233.30.40. UCN UNIVERSITY OF CINCINNATI

31731

C26500	Basic Renovations	$	10,720,621	31732
C26501	Basic Renovations - Clermont	$	326,112	31733
C26502	Raymond Walters Renovations	$	501,195	31734
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	31735
C26607	Consolidated Communication Project of Clermont County	$	475,000	31736
C26612	Clermont Renovations	$	751,132	31737
C26613	New Building	$	1,582,233	31738
C26614	Barrett Cancer Center	$	1,500,000	31739
C26615	Beech Acres	$	125,000	31740
C26616	Forest Park Homeland Security Facility	$	50,000	31741
C26617	Health Care Connection - Lincoln Heights	$	150,000	31742
C26618	People Working Cooperatively	$	120,000	31743
C26619	Sharonville Convention Center	$	950,000	31744
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	31745
C26621	Mayerson Center	$	200,000	31746
Total University of Cincinnati		$	43,963,802	31747

Appropriations

Section 233.30.50. CLS CLEVELAND STATE UNIVERSITY

31749

C26000	Basic Renovations	$	6,431,121	31750
C26035	Cleveland Institute of Art	$	500,000	31751
C26048	Rhodes Tower Renovation	$	4,030,166	31752
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	31753
C26050	Law Building Renovation	$	3,500,000	31754
C26051	Cleveland Hearing and Speech Center	$	125,000	31755
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	31756
Total Cleveland State University		$	18,711,287	31757

Appropriations

Section 233.30.60. KSU KENT STATE UNIVERSITY

31759

C27000	Basic Renovations	$	5,220,323	31760
C27002	Basic Renovations - East Liverpool	$	177,231	31761
C27004	Basic Renovations - Salem	$	136,423	31762
C27005	Basic Renovations - Stark	$	491,417	31763
C27006	Basic Renovations - Ashtabula	$	281,425	31764
C27007	Basic Renovations - Trumbull	$	463,939	31765
C27008	Basic Renovations - Tuscarawas	$	310,510	31766
C27072	Gym Renovations for Health Sciences, Construction Phase	$	486,469	31767
C27076	Performing Arts Center	$	933,027	31768
C27087	Electrical Infrastructure Improvements	$	1,407,000	31769
C27088	Oscar Ritchie Hall Rehabilitation	$	6,715,000	31770
C27090	Music and Speech Center Renovations/Addition	$	5,781,158	31771
C27093	Science and Nursing Building	$	1,600,286	31772
C27096	Blossom Music Center	$	1,000,000	31773
C270A5	Basic Renovations - Geauga	$	93,152	31774
C270A6	Main Hall Renovations	$	768,084	31775
C270A7	Classroom Building Interior Renovations, Phase 2	$	333,435	31776
C270A8	Classroom Building HVAC and Energy Conservation Improvements	$	259,027	31777
C270A9	Art Building Roof Replacement	$	1,000,000	31778
C270B0	Classroom Building Interior Renovations	$	854,608	31779
C270B1	University Hospitals Geauga Medical Center	$	1,000,000	31780
C270B2	Cleveland Orchestra - Severance Hall	$	750,000	31781
Total Kent State University		$	30,062,514	31782

Appropriations

Section 233.30.70. MUN MIAMI UNIVERSITY

31784

C28500	Basic Renovations	$	5,615,288	31785
C28502	Basic Renovations - Hamilton	$	686,759	31786
C28503	Basic Renovations - Middletown	$	588,815	31787
C28556	Upham Hall North Wing Rehabilitation	$	3,600,000	31788
C28559	Academic/Administrative & General Improvement Projects	$	1,153,217	31789
C28560	Academic/Administrative & General Improvement Projects	$	1,286,226	31790
C28564	Laws Hall Rehabilitation	$	6,250,000	31791
C28565	Hughes Hall "C" Wing (design)	$	700,000	31792
C28566	Western Steam Distribution Project	$	1,500,000	31793
Total Miami University		$	21,380,305	31794

Appropriations

Section 233.30.80. OSU OHIO STATE UNIVERSITY

31796

C31500	Basic Renovations	$	22,999,842	31797
C31598	Main Library Rehabilitation/Expansion	$	8,660,000	31798
C315R4	Founders Hall and Hopewell Hall Renovations	$	1,003,812	31799
C315R7	Stone Lab Classroom Improvements	$	250,000	31800
C315T4	Basic Renovations - Agricultural Technical Institute	$	623,680	31801
C315T5	Basic Renovations - Lima	$	311,913	31802
C315T6	Basic Renovations - Mansfield	$	374,760	31803
C315T7	Basic Renovations - Marion	$	312,878	31804
C315T8	Basic Renovations - Newark	$	361,499	31805
C315T9	Basic Renovations - OARDC	$	2,118,042	31806
C315U0	Horticultural Operations Center	$	6,855,787	31807
C315U1	New Maintenance Facility	$	2,000,000	31808
C315U2	Academic Core - North	$	37,756,725	31809
C315U3	Cunz Hall Renovation	$	6,540,000	31810
C315U4	College of Medicine Renovation/Addition	$	6,000,000	31811
C315U5	Animal & Plant Biology Level 3 Isolate Facility	$	6,220,796	31812
C315U7	Nationwide Children's Hospital Capital Equipment	$	2,500,000	31813
C315U8	OSU African American & African Studies Community Center	$	750,000	31814
C315U9	Flying Horse Pediatric Facility	$	250,000	31815
Total Ohio State University		$	105,889,734	31816

Appropriations

Section 233.30.90. OHU OHIO UNIVERSITY

31818

C30000	Basic Renovations	$	5,043,296	31819
C30004	Basic Renovations - Eastern	$	218,674	31820
C30006	Basic Renovations - Zanesville	$	297,309	31821
C30007	Basic Renovations - Chillicothe	$	266,629	31822
C30008	Basic Renovations - Ironton	$	232,932	31823
C30021	Brasee Hall Library/Gymnasium Renovation	$	801,485	31824
C30048	Clippinger Laboratory Renovation - 2nd & 3rd Floors	$	3,400,000	31825
C30051	Lausche Heating Plant Completion	$	4,410,000	31826
C30053	Parking and Roadway Improvements	$	502,542	31827
C30058	Integrated Learning and Research Facility	$	9,000,000	31828
C30062	Shannon Hall Interior Renovations - Learning Commons	$	609,112	31829
C30064	Stevenson Center Learning Commons	$	500,000	31830
C30069	Elson Hall 2nd Floor Partial Renovation	$	1,129,666	31831
C30073	Land Acquisition	$	170,830	31832
C30074	Basic Renovations - Lancaster	$	306,577	31833
C30075	Infrastructure Improvements	$	1,900,000	31834
C30076	Campus Entry & Grounds Improvements	$	325,000	31835
C30077	Academic Building Laboratory & Classroom Renovation Planning	$	58,491	31836
C30078	OU Southern Proctorville Campus Upgrades	$	50,000	31837
C30079	OU Southern Horse Park	$	325,000	31838
Total Ohio University		$	29,547,543	31839

Appropriations

Section 233.33.10. SSC SHAWNEE STATE UNIVERSITY

31841

C32400	Basic Renovations	$	1,036,884	31842
C32415	Land Acquisition	$	200,000	31843
C32423	Administration Building Renovation	$	1,443,831	31844
Total Shawnee State University		$	2,680,715	31845

Appropriations

Section 233.33.20. UTO UNIVERSITY OF TOLEDO

31847

C34000	Basic Renovations	$	5,800,643	31848
C34033	CBLE - Stranahan Hall Addition	$	4,600,000	31849
C34036	North Engineering Renovation	$	4,750,000	31850
C34038	MCO - Core Research Facility	$	1,800,000	31851
C34040	MCO - Clinical Academic Renovation	$	900,000	31852
C34041	MCO - Resource & Community Learning Center	$	900,000	31853
C34044	Campus Infrastructure Improvements	$	3,750,000	31854
C34045	Building Demolition	$	1,400,000	31855
C34046	MCO - Basic Renovations	$	2,013,792	31856
C34047	Center for Equal Justice	$	1,000,000	31857
C34048	Mercy College Technology and Infomatics Center	$	225,000	31858
Total University of Toledo		$	27,139,435	31859

Appropriations

Section 233.33.30. WSU WRIGHT STATE UNIVERSITY

31861

C27500	Basic Renovations	$	3,759,018	31862
C27501	Basic Renovations - Lake	$	132,481	31863
C27513	Science Laboratory Renovations	$	8,521,508	31864
C27526	Lake Campus Rehabilitation and Addition	$	461,750	31865
C27527	Advanced Technical Intelligence Center (ATIC)	$	2,500,000	31866
C27533	Auditorium/Classroom Upgrades	$	1,084,769	31867
C27534	Student Academic Success Center Renovation	$	250,000	31868
C27535	Air Force Advanced Manufacturing Facility	$	1,500,000	31869
C27536	Nursing Institute Facility	$	500,000	31870
C27537	Calamityville Lab Facilities (WPAFB)	$	3,000,000	31871
Total Wright State University		$	21,709,526	31872

Appropriations

Section 233.33.40. YSU YOUNGSTOWN STATE UNIVERSITY

31874

C34500	Basic Renovations	$	3,473,188	31875
C34518	Building System Upgrades	$	624,834	31876
C34523	Campus Development	$	1,500,000	31877
C34524	Instructional Space Upgrades	$	850,000	31878
C34525	College of Business	$	5,100,000	31879
C34526	Trumbull County Business Incubator	$	500,000	31880
Total Youngstown State University		$	12,048,022	31881

Appropriations

Section 233.33.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	31883
OF MEDICINE	31884

C30500	Basic Renovations	$	637,463	31885
C30517	Building Expansion Sitework	$	1,473,952	31886
Total Northeastern Ohio Universities College of Medicine		$	2,111,415	31887

Appropriations

Section 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

31889

C36101	Basic Renovations	$	1,255,923	31890
C36107	Classroom Upgrade Project	$	270,000	31891
C36113	Freestore Food Bank	$	100,000	31892
C36114	Lot C Parking Lot	$	250,000	31893
C36115	Ceiling Replacement	$	75,000	31894
C36116	Electrical Surge Protection	$	100,000	31895
C36117	Campus Signage	$	75,000	31896
C36118	Window and Garage Doors	$	175,659	31897
C36119	Window Replacement	$	100,000	31898
C36120	Blue Ash City Conference Center	$	150,000	31899
C36121	Hebrew Union College Archives	$	185,000	31900
Total Cincinnati State Community College		$	2,736,582	31901

Appropriations

Section 233.40.20. CLT CLARK STATE COMMUNITY COLLEGE

31903

C38512	Basic Renovations	$	536,990	31904
C38513	Clark State Arts Center	$	300,000	31905
C38514	Center City Park in Springfield - Phase II	$	1,500,000	31906
Total Clark State Community College		$	2,336,990	31907

Appropriations

Section 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

31909

C38400	Basic Renovations	$	1,691,834	31910
C38411	Columbus Hall Renovation	$	5,470,913	31911
C38412	Painters Apprenticeship Council	$	500,000	31912
C38413	Jewish Community Center NE Initiative	$	575,000	31913
C38414	Somali Community Center	$	100,000	31914
Total Columbus State Community College		$	8,337,747	31915

Appropriations

Section 233.40.40. CCC CUYAHOGA COMMUNITY COLLEGE

31917

C37800	Basic Renovations	$	3,482,709	31918
C37807	Cleveland Museum of Art	$	3,100,000	31919
C37818	Health Care Technology Building, Eastern Campus	$	9,775,889	31920
C37824	Rock and Roll Hall of Fame	$	1,000,000	31921
C37829	College of Podiatric Medicine	$	250,000	31922
C37830	Cuyahoga Community College Auto Lab Improvements	$	100,000	31923
C37831	Visiting Nurse Association	$	150,000	31924
C37832	Western Reserve Hospice Center	$	100,000	31925
Total Cuyahoga Community College		$	17,958,598	31926

Appropriations

Section 233.40.50. ESC EDISON STATE COMMUNITY COLLEGE

31928

C39000		Basic Renovations		$	688,818		31929
Total Edison State Community College				$	688,818		31930

Appropriations

Section 233.40.60. JTC JEFFERSON COMMUNITY COLLEGE

31932

C38600	Basic Renovations	$	269,043	31933
C39608	Second Floor Pugliese Training Center	$	887,025	31934
Total Jefferson Community College		$	1,156,068	31935

Appropriations

Section 233.40.70. LCC LAKELAND COMMUNITY COLLEGE

31937

C37900	Basic Renovations	$	1,132,835	31938
C37912	C Building East End	$	1,896,964	31939
Total Lakeland Community College		$	3,029,799	31940

Appropriations

Section 233.40.80. LOR LORAIN COMMUNITY COLLEGE

31942

C38300	Basic Renovations	$	1,275,420	31943
C38307	CC Rehabilitation - Student Center	$	3,572,633	31944
Total Lorain Community College		$	4,848,053	31945

Appropriations

Section 233.40.90. NTC NORTHWEST STATE COMMUNITY COLLEGE

31947

C38200	Basic Renovations	$	104,798	31948
C38205	Allied Health and Public Service Building	$	1,093,249	31949
C38206	Fulton County Wind Project	$	250,000	31950
Total Northwest State Community College		$	1,448,047	31951

Appropriations

Section 233.43.10. OTC OWENS COMMUNITY COLLEGE

31953

C38800	Basic Renovations	$	1,778,419	31954
C38813	Energy Management Infrastructure	$	2,000,000	31955
C38814	Required and Code Compliance Renovations for Penta Campus	$	2,500,000	31956
C38815	City of Perrysburg & Owens Community College Firing Range	$	200,000	31957
Total Owens Community College		$	6,478,419	31958

Appropriations

Section 233.43.20. RGC RIO GRANDE COMMUNITY COLLEGE

31960

C35600	Basic Renovations	$	495,799	31961
C35606	Louvee Theater Project	$	450,000	31962
Total Rio Grande Community College		$	945,799	31963

Appropriations

Section 233.43.30. SCC SINCLAIR COMMUNITY COLLEGE

31965

C37700	Basic Renovations	$	2,518,446	31966
C37709	National Composite Center	$	750,000	31967
C37710	Greentree Health Science Academy	$	1,000,000	31968
Total Sinclair Community College		$	4,268,446	31969

Appropriations

Section 233.43.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

31971

C32200	Basic Renovations	$	404,599	31972
C32204	Laboratory and Classroom Building	$	100,000	31973
Total Southern State Community College		$	504,599	31974

Appropriations

Section 233.43.50. TTC TERRA STATE COMMUNITY COLLEGE

31976

C36400	Basic Renovations	$	368,589	31977
C36407	Skilled Trades Center	$	3,250,000	31978
C36408	Herbert Perna Center for Physical Health Studies	$	375,000	31979
Total Terra State Community College		$	3,993,589	31980

Appropriations

Section 233.43.60. WTC WASHINGTON STATE COMMUNITY COLLEGE

31982

C35800	Basic Renovations	$	328,895	31983
C35810	Health Science Education Facility	$	250,000	31984
Total Washington State Community College		$	578,895	31985

Appropriations

Section 233.50.10. BTC BELMONT TECHNICAL COLLEGE

31987

C36800		Basic Renovations		$	243,300		31988
Total Belmont Technical College				$	243,300		31989

Appropriations

Section 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

31991

C36900	Basic Renovations	$	306,291	31992
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	31993
C36907	COTC Expansion in Mt. Vernon	$	700,000	31994
Total Central Ohio Technical College		$	1,885,291	31995

Appropriations

Section 233.50.30. HTC HOCKING TECHNICAL COLLEGE

31997

C36300	Basic Renovations	$	654,837	31998
C36310	McClenaghan Center for Hospitality Training	$	1,400,000	31999
C36312	Energy Institute	$	300,226	32000
C36313	Perry County Community Health Center at Hocking College	$	200,000	32001
C36314	New Lexington Public Safety Training Facility	$	750,000	32002
Total Hocking Technical College		$	3,305,063	32003

Appropriations

Section 233.50.40. LTC JAMES RHODES STATE COLLEGE

32005

C38100	Basic Renovations	$	435,403	32006
C38110	Design Planning for Center of Excellence for Health Sciences	$	919,365	32007
Total James Rhodes State College		$	1,354,768	32008

Appropriations

Section 233.50.50. MTC MARION TECHNICAL COLLEGE

32010

C35900	Basic Renovations	$	139,497	32011
C35905	Technical Education Center Vacated Space Renovations	$	576,136	32012
Total Marion Technical College		$	715,633	32013

Appropriations

Section 233.50.60. MAT ZANE STATE COLLEGE

32015

C36200	Basic Renovations	$	294,447	32016
C36205	Willett-Pratt Training Center Expansion	$	250,000	32017
C36207	College & Health Science Halls ESI Project, Phase II	$	500,000	32018
Total Zane State College		$	1,044,447	32019

Appropriations

Section 233.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

32021

C38000	Basic Renovations	$	552,097	32022
C38010	North Central State College Kehoe Center	$	585,000	32023
C38011	North Central State College Fallerius Technology Center	$	150,000	32024
Total North Central Technical College		$	1,287,097	32025

Appropriations

Section 233.50.80. STC STARK TECHNICAL COLLEGE

32027

C38900	Basic Renovations	$	786,333	32028
C38913	Business Technologies Building	$	2,034,537	32029
C38914	Corporate and Community Services Facility	$	500,000	32030
Total Stark Technical College		$	3,320,870	32031
Total Board of Regents and				32032
Institutions of Higher Education		$	598,209,802	32033
TOTAL Higher Education Improvement Fund		$	608,459,802	32034

Section 233.60.10. DEBT SERVICE FORMULA ALLOCATION

32036

Based on the foregoing appropriations from the Higher	32037
Education Improvement Fund (Fund 7034), the following higher	32038
education institutions shall be responsible for the specified	32039
amounts as part of the debt service component of the instructional	32040
subsidy beginning in fiscal year 2010:	32041

INSTITUTION		AMOUNT	32042
University of Akron	$	13,355,046	32043
University of Akron - Wayne	$	627,584	32044
Bowling Green State University	$	12,482,535	32045
Bowling Green State University - Firelands	$	942,492	32046
Central State University	$	2,045,746	32047
University of Cincinnati	$	26,412,509	32048
University of Cincinnati - Clermont	$	751,132	32049
University of Cincinnati - Walters	$	1,582,233	32050
Cleveland State University	$	10,760,269	32051
Kent State University	$	14,903,158	32052
Kent State University - Ashtabula	$	812,835	32053
Kent State University - East Liverpool	$	333,435	32054
Kent State University - Geauga	$	259,027	32055
Kent State University - Salem	$	486,469	32056
Kent State University - Stark	$	1,600,286	32057
Kent State University - Trumbull	$	854,608	32058
Kent State University - Tuscarawas	$	933,027	32059
Miami University	$	13,042,402	32060
Miami University - Hamilton	$	1,324,456	32061
Miami University - Middletown	$	1,405,890	32062
Ohio State University	$	58,956,725	32063
Ohio State University - ATI	$	6,855,787	32064
Ohio State University - Lima	$	2,000,000	32065
Ohio State University - Newark	$	1,030,695	32066
Ohio State University - OARDC	$	6,220,796	32067
Ohio University	$	17,406,578	32068
Ohio University - Eastern	$	609,112	32069
Ohio University - Chillicothe	$	1,002,542	32070
Ohio University - Southern	$	554,321	32071
Ohio University - Lancaster	$	801,485	32072
Ohio University - Zanesville	$	1,129,666	32073
Shawnee State University	$	1,643,831	32074
University of Toledo	$	17,839,425	32075
Wright State University	$	9,856,277	32076
Wright State University - Lake	$	461,750	32077
Youngstown State University	$	8,144,264	32078
Northeastern Ohio Universities College of Medicine	$	1,542,025	32079
Cincinnati State Community College	$	924,024	32080
Columbus State Community College	$	5,470,913	32081
Cuyahoga Community College	$	9,775,889	32082
Edison State Community College	$	373,982	32083
Jefferson Community College	$	874,547	32084
Lakeland Community College	$	2,529,285	32085
Lorain County Community College	$	3,572,633	32086
Northwest State Community College	$	848,720	32087
Owens Community College	$	4,449,028	32088
Terra State Community College	$	3,250,000	32089
Central Ohio Technical College	$	907,644	32090
Hocking Technical College	$	1,700,226	32091
James Rhodes State Technical College	$	919,365	32092
Marion Technical College	$	576,136	32093
Zane State College	$	701,703	32094
North Central Technical College	$	435,000	32095
Stark Technical College	$	1,844,168	32096

Institutions not listed above do not have a debt service	32097
obligation as a result of these appropriations.	32098

Within sixty days after the effective date of this section,	32099
any institution of higher education may notify the Board of	32100
Regents of its intention not to proceed with any project	32101
appropriated in this act. Upon receiving such a notification, the	32102
Board of Regents may release the institution from its debt service	32103
obligation for the specific project.	32104

Section 233.60.20. For all of the foregoing appropriation	32105
items from the Higher Education Improvement Fund (Fund 7034) that	32106
require local funds to be contributed by any state-supported or	32107
state-assisted institution of higher education, the Board of	32108
Regents shall not recommend that any funds be released until the	32109
recipient institution demonstrates to the Board of Regents and the	32110
Office of Budget and Management that the local funds contribution	32111
requirement has been secured or satisfied. The local funds are in	32112
addition to the foregoing appropriations.	32113

Section 233.60.30. The Ohio Public Facilities Commission is	32114
hereby authorized to issue and sell, in accordance with Section 2n	32115
of Article VIII, Ohio Constitution, and Chapter 151. and	32116
particularly sections 151.01 and 151.04 of the Revised Code,	32117
original obligations in an aggregate principal amount not to	32118
exceed $606,000,000, in addition to the original issuance of	32119
obligations heretofore authorized by prior acts of the General	32120
Assembly. These authorized obligations shall be issued, subject to	32121
applicable constitutional and statutory limitations, to pay costs	32122
of capital facilities as defined in sections 151.01 and 151.04 of	32123
the Revised Code for state-supported and state-assisted	32124
institutions of higher education.	32125

Section 233.60.40. None of the foregoing capital	32126
improvements appropriations for state-supported or state-assisted	32127
institutions of higher education shall be expended until the	32128
particular appropriation has been recommended for release by the	32129
Board of Regents and released by the Director of Budget and	32130
Management or the Controlling Board. Either the institution	32131
concerned, or the Board of Regents with the concurrence of the	32132
institution concerned, may initiate the request to the Director	32133
of Budget and Management or the Controlling Board for the release	32134
of the particular appropriations.	32135

Section 233.60.50. (A) No capital improvement appropriations	32136
made in sections of this act prefixed with the section number	32137
"233" shall be released for planning or for improvement,	32138
renovation, construction, or acquisition of capital facilities if	32139
the institution of higher education or the state does not own the	32140
real property on which the capital facilities are or will be	32141
located. This restriction does not apply in any of the following	32142
circumstances:	32143

(1) The institution has a long-term (at least fifteen years)	32144
lease of, or other interest (such as an easement) in, the real	32145
property.	32146

(2) The Board of Regents certifies to the Controlling Board	32147
that undue delay will occur if planning does not proceed while the	32148
property or property interest acquisition process continues. In	32149
this case, funds may be released upon approval of the Controlling	32150
Board to pay for planning through the development of schematic	32151
drawings only.	32152

(3) In the case of an appropriation for capital facilities	32153
that, because of their unique nature or location, will be owned or	32154
will be part of facilities owned by a separate nonprofit	32155
organization or public body and will be made available to the	32156
institution of higher education for its use, the nonprofit	32157
organization or public body either owns or has a long-term (at	32158
least fifteen years) lease of the real property or other capital	32159
facility to be improved, renovated, constructed, or acquired and	32160
has entered into a joint or cooperative use agreement with the	32161
institution of higher education that meets the requirements of	32162
division (C) of this section.	32163

(B) Any foregoing appropriations that require cooperation	32164
between a technical college and a branch campus of a university	32165
may be released by the Controlling Board upon recommendation by	32166
the Board of Regents that the facilities proposed by the	32167
institutions are:	32168

(1) The result of a joint planning effort by the university	32169
and the technical college, satisfactory to the Board of Regents;	32170

(2) Facilities that will meet the needs of the region in	32171
terms of technical and general education, taking into	32172
consideration the totality of facilities that will be available	32173
after the completion of the projects;	32174

(3) Planned to permit maximum joint use by the university and	32175
technical college of the totality of facilities that will be	32176
available upon their completion; and	32177

(4) To be located on or adjacent to the branch campus of the	32178
university.	32179

(C) The Board of Regents shall adopt rules regarding the	32180
release of moneys from all the foregoing appropriations for	32181
capital facilities for all state-supported or state-assisted	32182
institutions of higher education. In the case of capital	32183
facilities referred to in division (A)(3) of this section, the	32184
joint or cooperative use agreements shall include, as a minimum,	32185
provisions that:	32186

(1) Specify the extent and nature of that joint or	32187
cooperative use, extending for not fewer than fifteen years, with	32188
the value of such use or right to use to be, as is determined by	32189
the parties and approved by the Board of Regents, reasonably	32190
related to the amount of the appropriations;	32191

(2) Provide for pro rata reimbursement to the state should	32192
the arrangement for joint or cooperative use be terminated;	32193

(3) Provide that procedures to be followed during the capital	32194
improvement process will comply with appropriate applicable state	32195
statutes and rules, including the provisions of this act; and	32196

(4) Provide for payment or reimbursement to the institution	32197
of its administrative costs incurred as a result of the facilities	32198
project, not to exceed 1.5 per cent of the appropriated amount.	32199

(D) Upon the recommendation of the Board of Regents, the	32200
Controlling Board may approve the transfer of appropriations for	32201
projects requiring cooperation between institutions from one	32202
institution to another institution with the approval of both	32203
institutions.	32204

(E) Notwithstanding section 127.14 of the Revised Code, the	32205
Controlling Board, upon the recommendation of the Board of	32206
Regents, may transfer amounts appropriated to the Board of Regents	32207
to accounts of state-supported or state-assisted institutions	32208
created for that same purpose.	32209

Section 233.60.60. The requirements of Chapters 123. and	32210
153. of the Revised Code, with respect to the powers and duties of	32211
the Director of Administrative Services, and the requirements of	32212
section 127.16 of the Revised Code, with respect to the	32213
Controlling Board, do not apply to projects of community college	32214
districts, which include Cuyahoga Community College, Jefferson	32215
Community College, Lakeland Community College, Lorain Community	32216
College, Rio Grande Community College, and Sinclair Community	32217
College; and technical college districts, which include Belmont	32218
Technical College, Central Ohio Technical College, Hocking	32219
Technical College, James Rhodes State College, Marion Technical	32220
College, Zane State College, North Central Technical College, and	32221
Stark Technical College.	32222

Section 233.60.70. Those institutions locally administering	32223
capital improvement projects pursuant to section 3345.50 of the	32224
Revised Code may:	32225

(A) Establish charges for recovering costs directly related	32226
to project administration as defined by the Director of	32227
Administrative Services. The Department of Administrative Services	32228
shall review and approve these administrative charges when the	32229
charges are in excess of 1.5 per cent of the total construction	32230
budget.	32231

(B) Seek reimbursement from state capital appropriations to	32232
the institution for the in-house design services performed by the	32233
institution for the capital projects. Acceptable charges are	32234
limited to design document preparation work that is done by the	32235
institution. These reimbursable design costs shall be shown as	32236
"A/E fees" within the project's budget that is submitted to the	32237
Controlling Board or the Director of Budget and Management as part	32238
of a request for release of funds. The reimbursement for in-house	32239
design shall not exceed seven per cent of the estimated	32240
construction cost.	32241

Section 235.10. The items set forth in this section are	32242
hereby appropriated out of any moneys in the state treasury to the	32243
credit of the Parks and Recreation Improvement Fund (Fund 7035)	32244
that are not otherwise appropriated.	32245

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	32246

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	32247
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	32248
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	32249
C725E2	Local Parks Projects	$	25,527,333	32250
C725E6	Project Planning	$	500,000	32251
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	32252
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	32253
C725N0	Handicapped Accessibility - Statewide	$	100,000	32254
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	32255
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	32256
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	32257
Total Department of Natural Resources		$	41,677,333	32258
TOTAL Parks and Recreation Improvement Fund		$	41,677,333	32259

FEDERAL REIMBURSEMENT

32260

All reimbursements received from the federal government for	32261
any expenditures made pursuant to this section shall be deposited	32262
in the state treasury to the credit of the Parks and Recreation	32263
Improvement Fund (Fund 7035).	32264

LOCAL PARKS PROJECTS

32265

Of the foregoing appropriation item C725E2, Local Parks	32266
Projects, an amount equal to two per cent of the projects listed	32267
may be used by the Department of Natural Resources for the	32268
administration of local projects, $3,050,000 shall be used for the	32269
Scioto Mile Development, $2,000,000 shall be used for the	32270
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	32271
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	32272
be used for the Little Miami Trail extension - Hamilton County	32273
Park District, $675,000 shall be used for the Anthony Wayne Youth	32274
Foundation Recreation area, $100,000 shall be used for the Euclid	32275
Beach Pier, $500,000 shall be used for the Euclid Marina	32276
Breakwater Project, $500,000 shall be used for the Columbus Crew	32277
Facility - Hilliard, $500,000 shall be used for the Franklin Park	32278
Conservatory, $500,000 shall be used for the Colerain Township	32279
Park, $500,000 shall be used for the Green Township Legacy Place	32280
Park, $475,000 shall be used for the Dublin Emerald Fields Special	32281
Needs Playground, $450,000 shall be used for the Sippo Lake Park	32282
improvements, $400,000 shall be used for the Mentor Beach Park or	32283
Mentor Lagoons Marina, $400,000 shall be used for the Harrison	32284
Park - Wick District - Smoky, $400,000 shall be used for the	32285
Wayne County Rails to Trails Project, $350,000 shall be used by	32286
Franklin County Metro Parks for the Whittier Peninsula Park,	32287
$350,000 shall be used for the Perry Township Park, $333,333 shall	32288
be used for the East Bank of the Flats, $175,000 shall be used for	32289
the New Richmond Park, $300,000 shall be used for the Beavercreek	32290
Wildlife Education Center, $300,000 shall be used for the	32291
Versailles Park Project, $300,000 shall be used for the Madison	32292
Township Park, $284,000 shall be used for the Bike and Pedestrian	32293
Path - SugarTree Corridor, $275,000 shall be used for the	32294
Montville Township Park Project, $250,000 shall be used for the	32295
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	32296
used for the West Chester Beckett Park Improvements, $250,000	32297
shall be used for the City of Strongsville Family Aquatic Center,	32298
$250,000 shall be used for the Reis Park improvements, $250,000	32299
shall be used for the McIntyre Park Hiking and Biking Trails,	32300
$250,000 shall be used for the Circleville Community Park Project,	32301
$250,000 shall be used for the Fremont Area Foundation Park	32302
athletic facilities, $250,000 shall be used for the Alliance Park,	32303
$250,000 shall be used for the Audobon Ohio Nature Center,	32304
$200,000 shall be used for the Maple Heights Pool/Park	32305
improvements, $200,000 shall be used for the Lancaster Community	32306
Parks revitalization, $200,000 shall be used for the Grandview	32307
Yard Public Park, $200,000 shall be used for the Wyoming City	32308
Regional Park, $200,000 shall be used for the Chagrin River	32309
Lakefront Park, $200,000 shall be used for the Aullwood Audobon	32310
Center, $400,000 shall be used for the Austin Pike Project - land	32311
acquisition, $200,000 shall be used for the Mary Virginia Crites	32312
Hammum Community Park, $200,000 shall be used for the Canton Spray	32313
Park, $150,000 shall be used for the Lima Historic Athletic Field,	32314
$150,000 shall be used for the Myers Memorial Bandshell, $150,000	32315
shall be used for the City of Logan Park/Pool improvements,	32316
$150,000 shall be used for the Houston Fisher Memorial Park	32317
improvements, $150,000 shall be used for the Indian Lake State	32318
Park Campground Electrical Improvements, $150,000 shall be used	32319
for the Avon Lake Veterans Park improvements, $125,000 shall be	32320
used for the York Township Park land acquisition, $124,500 shall	32321
be used for the Salt Fork Concession Stand, $100,000 shall be	32322
used for the Monroe Veterans' Memorial Park, $100,000 shall be	32323
used for the Rivers Edge Bikeway, $100,000 shall be used for the	32324
Mayfield Heights Park Facility improvement, $100,000 shall be	32325
used for the Auburn Township Community Park, $100,000 shall be	32326
used for the Kidron Community Park Improvements, $100,000 shall be	32327
used for the Lucas County Marina, $100,000 shall be used for the	32328
Youngstown City Park, $100,000 shall be used for the Salisbury	32329
Township Park improvements/land acquisition, $100,000 shall be	32330
used for the Community Built Playground, $100,000 shall be used	32331
for the Burkes Point Park, $100,000 shall be used for the	32332
Barberton Newton Park, $100,000 shall be used for the Crown Point	32333
Conservation Easement, $100,000 shall be used for the Mudbrook	32334
Trail and Greenway Project, $100,000 shall be used for the	32335
Waddell Park in the City of Niles, $100,000 shall be used for the	32336
Moonville Rail Trail Project, $100,000 shall be used for the	32337
Springboro Park improvements, $75,000 shall be used for the Ault	32338
Park improvements, $75,000 shall be used for the Willard Soccer	32339
and Football Park Project, $75,000 shall be used for the	32340
Austintown Nature Rooms, $75,000 shall be used for the Meigs	32341
Local Enrichment Project Multi-Purpose Complex, $75,000 shall be	32342
used for the Miracle League facility - Muskingum County, $70,000	32343
shall be used for the City of Nelsonville Park/land acquisition,	32344
$65,000 shall be used for the Village of Jacksonville Park	32345
improvements, $58,500 shall be used by the Greene County Parks and	32346
Recreation Department for Greene County Park improvements, $50,000	32347
shall be used for the Ohio Wildlife Center, $50,000 shall be used	32348
for the Kelley's Island Park Restroom PHASE II, $50,000 shall be	32349
used for the Little League Challenger Field - Cambridge, $50,000	32350
shall be used for the Avon Isle Park improvements, $50,000 shall	32351
be used for the Monroe Township, Clermont County Fair Oak Park,	32352
$46,000 shall be used for the Huntington Township Park Projects,	32353
$35,000 shall be used for the Village of Buchtel Park	32354
improvements, $35,000 shall be used for the Village of Syracuse	32355
Park improvements, $30,000 shall be used for the Village of	32356
Albany Park improvements, $30,000 shall be used for the Village	32357
of Aberdeen Boat Dock, $30,000 shall be used for the Village of	32358
Hamler Parks improvement, $25,000 shall be used for the Coshocton	32359
Children's Park, $25,000 shall be used for the Alt Park	32360
improvements, $25,000 shall be used for the Cambridge Handicapped	32361
Playground, $25,000 shall be used for the Murray City Community	32362
Parks improvement, $25,000 shall be used for the Marblehead	32363
Lighthouse State Park - Replica Life Boat Station, $25,000 shall	32364
be used for the Village of Attica Park Maintenance, $20,000 shall	32365
be used for the Village of Stockport Park improvements, $15,000	32366
shall be used for the Village of Salineville Baseball Field,	32367
$15,000 shall be used for the City of Parma Heights Greenbriar	32368
Commons Park Walking Trail, $10,000 shall be used for the	32369
Village of Albany Bike Paths, $10,000 shall be used for the	32370
Salem Park Board, $10,000 shall be used for the Village of	32371
Pomeroy Mini Park improvements, $10,000 shall be used for the	32372
Skyvue Outdoor Classroom, and $6,000 shall be used for the	32373
Wadsworth Skate Park.	32374

Section 235.11. For the appropriations in Section 235.10 of	32375
this act, the Department of Natural Resources shall periodically	32376
prepare and submit to the Director of Budget and Management the	32377
estimated design, planning, and engineering costs of	32378
capital-related work to be done by the Department for each	32379
project. Based on the estimates, the Director of Budget and	32380
Management may release appropriations from the foregoing	32381
appropriation item C725E6, Project Planning, within the Parks and	32382
Recreation Improvement Fund (Fund 7035), to pay for design,	32383
planning, and engineering costs incurred by the Department for the	32384
projects. Upon release of the appropriations by the Director of	32385
Budget and Management, the Department shall pay for these	32386
expenses from the Parks Capital Expenses Fund (Fund 2270), and	32387
shall be reimbursed from the Parks and Recreation Improvement	32388
Fund (Fund 7035) using an intrastate voucher.	32389

Section 235.12. The Treasurer of State is hereby authorized	32390
to issue and sell, in accordance with Section 2i of Article VIII,	32391
Ohio Constitution, and Chapter 154. of the Revised Code,	32392
particularly section 154.22 of the Revised Code, original	32393
obligations in an aggregate principal amount not to exceed	32394
$41,000,000, in addition to the original issuance of obligations	32395
heretofore authorized by prior acts of the General Assembly. These	32396
authorized obligations shall be issued, subject to applicable	32397
constitutional and statutory limitations, to pay the costs of	32398
capital facilities for parks and recreation as defined in section	32399
154.01 of the Revised Code.	32400

Section 235.13. (A) No capital improvement appropriations	32401
made in Section 235.10 of this act shall be released for planning	32402
or for improvement, renovation, or construction or acquisition of	32403
capital facilities if a governmental agency, as defined in section	32404
154.01 of the Revised Code, does not own the real property that	32405
constitutes the capital facilities or on which the capital	32406
facilities are or will be located. This restriction does not apply	32407
in any of the following circumstances:	32408

(1) The governmental agency has a long-term (at least fifteen	32409
years) lease of, or other interest (such as an easement) in, the	32410
real property.	32411

(2) In the case of an appropriation for capital facilities	32412
for parks and recreation that, because of their unique nature or	32413
location, will be owned or be part of facilities owned by a	32414
separate nonprofit organization and made available to the	32415
governmental agency for its use or operated by the nonprofit	32416
organization under contract with the governmental agency, the	32417
nonprofit organization either owns or has a long-term (at least	32418
fifteen years) lease of the real property or other capital	32419
facility to be improved, renovated, constructed, or acquired and	32420
has entered into a joint or cooperative use agreement, approved by	32421
the Department of Natural Resources, with the governmental agency	32422
for that agency's use of and right to use the capital facilities	32423
to be financed and, if applicable, improved, the value of such use	32424
or right to use being, as determined by the parties, reasonably	32425
related to the amount of the appropriation.	32426

(B) In the case of capital facilities referred to in division	32427
(A)(2) of this section, the joint or cooperative use agreement	32428
shall include, as a minimum, provisions that:	32429

(1) Specify the extent and nature of that joint or	32430
cooperative use, extending for not fewer than fifteen years, with	32431
the value of such use or right to use to be, as determined by the	32432
parties and approved by the approving department, reasonably	32433
related to the amount of the appropriation;	32434

(2) Provide for pro rata reimbursement to the state should	32435
the arrangement for joint or cooperative use by a governmental	32436
agency be terminated; and	32437

(3) Provide that procedures to be followed during the capital	32438
improvement process will comply with appropriate applicable state	32439
statutes and rules, including the provisions of this act.	32440

Section 237.10. The items set forth in this section are	32441
hereby appropriated out of any moneys in the state treasury to the	32442
credit of the State Capital Improvements Fund (Fund 7038) that	32443
are not otherwise appropriated.	32444

Appropriations

PWC PUBLIC WORKS COMMISSION	32445

C15000	Local Public Infrastructure	$	120,000,000	32446
Total Public Works Commission		$	120,000,000	32447
TOTAL State Capital Improvements Fund		$	120,000,000	32448

The foregoing appropriation item C15000, Local Public	32449
Infrastructure, shall be used in accordance with sections 164.01	32450
to 164.12 of the Revised Code. The Director of the Public Works	32451
Commission may certify to the Director of Budget and Management	32452
that a need exists to appropriate investment earnings to be used	32453
in accordance with sections 164.01 to 164.12 of the Revised Code.	32454
If the Director of Budget and Management determines pursuant to	32455
division (D) of section 164.08 and section 164.12 of the Revised	32456
Code that investment earnings are available to support additional	32457
appropriations, such amounts are hereby appropriated.	32458

If the Public Works Commission receives refunds due to	32459
project overpayments that are discovered during a post-project	32460
audit, the Director of the Public Works Commission may certify to	32461
the Director of Budget and Management that refunds have been	32462
received. In certifying the refunds, the Director of the Public	32463
Works Commission shall provide the Director of Budget and	32464
Management information on the project refunds. The certification	32465
shall detail by project the source and amount of project	32466
overpayments received and include any supporting documentation	32467
required or requested by the Director of Budget and Management.	32468
Upon receipt of the certification, the Director of Budget and	32469
Management shall determine if the project refunds are necessary to	32470
support existing appropriations. If the project refunds are	32471
available to support additional appropriations, these amounts are	32472
hereby appropriated to appropriation item C15030, Revolving Loan.	32473

Section 237.11. The Ohio Public Facilities Commission is	32474
hereby authorized to issue and sell, in accordance with Section 2p	32475
of Article VIII, Ohio Constitution, and sections 151.01 and	32476
151.08 of the Revised Code, original obligations of the state, in	32477
an aggregate principal amount not to exceed $120,000,000, in	32478
addition to the original obligations heretofore authorized by	32479
prior acts of the General Assembly. These authorized obligations	32480
shall be issued and sold from time to time and in amounts	32481
necessary to ensure sufficient moneys to the credit of the State	32482
Capital Improvements Fund (Fund 7038) to pay costs of capital	32483
improvement projects of local subdivisions.	32484

Section 239.10. The items set forth in this section are	32485
hereby appropriated out of any moneys in the state treasury to	32486
the credit of the Clean Ohio Conservation Fund (Fund 7056) that	32487
are not otherwise appropriated.	32488

Appropriations

PWC PUBLIC WORKS COMMISSION	32489

C15060	Clean Ohio Conservation	$	30,000,000	32490
Total Public Works Commission		$	30,000,000	32491
TOTAL Clean Ohio Conservation Fund		$	30,000,000	32492

The foregoing appropriation item C15060, Clean Ohio	32493
Conservation, shall be used in accordance with sections 164.20 to	32494
164.27 of the Revised Code. If the Public Works Commission	32495
receives refunds due to project overpayments that are discovered	32496
during the post-project audit, the Director of the Public Works	32497
Commission may certify to the Director of Budget and Management	32498
that refunds have been received. If the Director of Budget and	32499
Management determines that the project refunds are available to	32500
support additional appropriations, such amounts are hereby	32501
appropriated.	32502

Section 241.10. The items set forth in this section are	32503
hereby appropriated out of any moneys in the state treasury to	32504
the credit of the Clean Ohio Agricultural Easement Fund (Fund	32505
7057) that are not otherwise appropriated.	32506

Appropriations

AGR DEPARTMENT OF AGRICULTURE	32507

C70009	Clean Ohio Agricultural Easements	$	5,000,000	32508
Total Department of Agriculture		$	5,000,000	32509
TOTAL Clean Ohio Agricultural Easement Fund		$	5,000,000	32510

Section 243.10. The items set forth in this section are	32512
hereby appropriated out of any moneys in the state treasury to	32513
the credit of the Clean Ohio Trail Fund (Fund 7061) that are not	32514
otherwise appropriated.	32515

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	32516

C72514	Clean Ohio Trail - Grants	$	5,000,000	32517
Total Department of Natural Resources		$	5,000,000	32518
TOTAL Clean Ohio Trail Fund		$	5,000,000	32519

Section 243.11. The Ohio Public Facilities Commission is	32521
hereby authorized to issue and sell, in accordance with Section	32522
2o of Article VIII, Ohio Constitution, and pursuant to sections	32523
151.01 and 151.09 of the Revised Code, original obligations of	32524
the state in an aggregate principal amount not to exceed	32525
$40,000,000 in addition to the original issuance of obligations	32526
heretofore authorized by prior acts of the General Assembly.	32527
These authorized obligations shall be issued and sold from time	32528
to time, subject to applicable constitutional and statutory	32529
limitations, as needed to ensure sufficient moneys to the credit	32530
of the Clean Ohio Conservation Fund (Fund 7056), the Clean Ohio	32531
Agricultural Easement Fund (Fund 7057), and the Clean Ohio Trail	32532
Fund (Fund 7061) to pay costs of conservation projects.	32533

Section 245.10. Notwithstanding any provision of law to the	32534
contrary, the Director of Budget and Management, with the written	32535
concurrence of the Director of Public Safety, may transfer cash	32536
temporarily from the Highway Safety Fund (Fund 7036) to the	32537
Highway Safety Building Fund (Fund 7025), and the cash may be	32538
used to fund projects previously appropriated by acts of the	32539
General Assembly. The transfers shall be made for the purpose of	32540
providing cash to support appropriations or encumbrances that	32541
exist on the effective date of this section. At such time as	32542
obligations are issued for Highway Safety Building Fund projects,	32543
the Director of Budget and Management shall transfer from the	32544
Highway Safety Building Fund to the Highway Safety Fund any	32545
amounts originally transferred to the Highway Safety Building	32546
Fund under this section.	32547

Section 247.10. CERTIFICATION OF AVAILABILITY OF MONEYS

32548

Moneys that require release shall not be expended from any	32549
appropriation contained in this act without certification of the	32550
Director of Budget and Management that there are sufficient moneys	32551
in the state treasury in the fund from which the appropriation is	32552
made. Such certification shall be based on estimates of revenue,	32553
receipts, and expenses. Nothing in this section limits the	32554
authority granted to the Director of Budget and Management in	32555
section 126.07 of the Revised Code.	32556

Section 249.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

32557

The appropriations made in this act, excluding those made to	32558
the State Capital Improvement Fund (Fund 7038) and the State	32559
Capital Improvements Revolving Loan Fund (Fund 7040) for buildings	32560
or structures, including remodeling and renovations, are limited	32561
to:	32562

(A) Acquisition of real property or interests in real	32563
property;	32564

(B) Buildings and structures, which include construction,	32565
demolition, complete heating, lighting and lighting fixtures, all	32566
necessary utilities, and ventilating, plumbing, sprinkling, and	32567
sewer systems, when such systems are authorized or necessary;	32568

(C) Architectural, engineering, and professional services	32569
expenses directly related to the projects;	32570

(D) Machinery that is a part of structures at the time of	32571
initial acquisition or construction;	32572

(E) Acquisition, development, and deployment of new computer	32573
systems, including the redevelopment or integration of existing	32574
and new computer systems, but excluding regular or ongoing	32575
maintenance or support agreements;	32576

(F) Equipment that meets all the following criteria:

32577

(1) The equipment is essential in bringing the facility up to	32578
its intended use;	32579

(2) The unit cost of the equipment, and not the individual	32580
parts of a unit, is about $100 or more;	32581

(3) The equipment has a useful life of five years or more;	32582
and	32583

(4) The equipment is necessary for the functioning of the	32584
particular facility or project.	32585

Equipment shall not be paid for from these appropriations	32586
that is not an integral part of or directly related to the basic	32587
purpose or function of a project for which moneys are	32588
appropriated. This paragraph does not apply to appropriation items	32589
specifically for equipment.	32590

Section 251.10. CONTINGENCY RESERVE REQUIREMENT

32591

Any request for release of capital appropriations by the	32592
Director of Budget and Management or the Controlling Board of	32593
capital appropriations for projects, the contracts for which are	32594
awarded by the Department of Administrative Services, shall	32595
contain a contingency reserve, the amount of which shall be	32596
determined by the Department of Administrative Services, for	32597
payment of unanticipated project expenses. Any amount deducted	32598
from the encumbrance for a contractor's contract as an assessment	32599
for liquidated damages shall be added to the encumbrance for the	32600
contingency reserve. Contingency reserve funds shall be used to	32601
pay costs resulting from unanticipated job conditions, to comply	32602
with rulings regarding building and other codes, to pay costs	32603
related to errors or omissions in contract documents, to pay costs	32604
associated with changes in the scope of work, and to pay the cost	32605
of settlements and judgments related to the project.	32606

Any funds remaining upon completion of a project may, upon	32607
approval of the Controlling Board, be released for the use of the	32608
agency or instrumentality to which the appropriation was made for	32609
other capital facilities projects.	32610

Section 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	32611
PROJECTS	32612

Notwithstanding sections 123.01 and 123.15 of the Revised	32613
Code, the Director of Administrative Services may authorize the	32614
Departments of Mental Health, Mental Retardation and Developmental	32615
Disabilities, Agriculture, Job and Family Services, Rehabilitation	32616
and Correction, Youth Services, Public Safety, Transportation, and	32617
the Ohio Veterans' Home to administer any capital facilities	32618
projects, the estimated cost of which, including design fees,	32619
construction, equipment, and contingency amounts, is less than	32620
$1,500,000. Requests for authorization to administer capital	32621
facilities projects shall be made in writing to the Director of	32622
Administrative Services by the applicable state agency within	32623
sixty days after the effective date of the section of law in which	32624
the General Assembly initially makes an appropriation for the	32625
project. Upon the release of funds for the projects by the	32626
Controlling Board or the Director of Budget and Management, the	32627
agency may administer the capital project or projects for which	32628
agency administration has been authorized without the supervision,	32629
control, or approval of the Director of Administrative Services.	32630

A state agency authorized by the Director of Administrative	32631
Services to administer capital facilities projects pursuant to	32632
this section shall comply with the applicable procedures and	32633
guidelines established in Chapter 153. of the Revised Code.	32634

Section 255.10. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	32635
AGAINST THE STATE	32636

Except as otherwise provided in this section, an	32637
appropriation contained in this act or in any other act may be	32638
used for the purpose of satisfying judgments, settlements, or	32639
administrative awards ordered or approved by the Court of Claims	32640
or by any other court of competent jurisdiction in connection with	32641
civil actions against the state. This authorization does not apply	32642
to appropriations that are to be applied to or used for payment of	32643
guarantees by or on behalf of the state, or for payments under	32644
lease agreements relating to or debt service on bonds, notes, or	32645
other obligations of the state. Notwithstanding any other section	32646
of law to the contrary, this authorization includes appropriations	32647
from funds into which proceeds or direct obligations of the state	32648
are deposited only to the extent that the judgment, settlement, or	32649
administrative award is for or represents capital costs for which	32650
the appropriation may otherwise be used and is consistent with the	32651
purpose for which any related obligations were issued or entered	32652
into. Nothing contained in this section is intended to subject the	32653
state to suit in any forum in which it is not otherwise subject to	32654
suit, and it is not intended to waive or compromise any defense or	32655
right available to the state in any suit against it.	32656

Section 257.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	32657
AND MANAGEMENT	32658

Notwithstanding section 126.14 of the Revised Code,	32659
appropriations for appropriation item C50101, Community-Based	32660
Correctional Facilities, appropriated from the Adult Correctional	32661
Building Fund (Fund 7027) to the Department of Rehabilitation and	32662
Correction, shall be released upon the written approval of the	32663
Director of Budget and Management. The appropriations from the	32664
Public School Building Fund (Fund 7021) and the School Building	32665
Program Assistance Fund (Fund 7032) to the School Facilities	32666
Commission, from the Clean Ohio Conservation Fund (Fund 7056), the	32667
State Capital Improvement Fund (Fund 7038), and the State Capital	32668
Improvements Revolving Loan Fund (Fund 7040) to the Public Works	32669
Commission, shall be released upon presentation of a request to	32670
release the funds, by the agency to which the appropriation has	32671
been made, to the Director of Budget and Management.	32672

Section 259.10. PREVAILING WAGE REQUIREMENT

32673

Except as provided in section 4115.04 of the Revised Code,	32674
moneys appropriated or reappropriated by the 127th General	32675
Assembly shall not be used for the construction of public	32676
improvements, as defined in section 4115.03 of the Revised Code,	32677
unless the mechanics, laborers, or workers engaged therein are	32678
paid the prevailing rate of wages prescribed in section 4115.04 of	32679
the Revised Code. Nothing in this section affects the wages and	32680
salaries established for state employees under Chapter 124. of the	32681
Revised Code, or collective bargaining agreements entered into by	32682
the state under Chapter 4117. of the Revised Code, while engaged	32683
on force account work, nor does this section interfere with the	32684
use of inmate and patient labor by the state.	32685

Section 261.10. CAPITAL FACILITIES LEASES

32686

Capital facilities for which appropriations are made from the	32687
Highway Safety Building Fund (Fund 7025), the Administrative	32688
Building Fund (Fund 7026), the Adult Correctional Building Fund	32689
(Fund 7027), and the Juvenile Correctional Building Fund (Fund	32690
7028) may be leased by the Ohio Building Authority to the	32691
Department of Public Safety, the Department of Youth Services,	32692
the Department of Administrative Services, and the Department of	32693
Rehabilitation and Correction, and other agreements may be made	32694
by the Ohio Building Authority and the departments with respect	32695
to the use or purchase of such capital facilities, or, subject to	32696
the approval of the director of the department or the commission,	32697
the Ohio Building Authority may lease the capital facilities to,	32698
and make other agreements with respect to the use or purchase of	32699
the capital facilities with, any governmental agency or nonprofit	32700
corporation having authority under law to own, lease, or operate	32701
the capital facilities. The director of the department or the	32702
commission may sublease the capital facilities to, and make other	32703
agreements with respect to the use or purchase of the capital	32704
facilities with, any such governmental agency or nonprofit	32705
corporation, which agreements may include provisions for	32706
transmittal of receipts of the agency or nonprofit corporation of	32707
any charges for the use of the facilities, all upon such terms	32708
and conditions as the parties may agree upon and subject to any	32709
other provision of law affecting the leasing, acquisition, or	32710
disposition of capital facilities by the parties.	32711

Section 263.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	32712
MANAGEMENT	32713

The Director of Budget and Management shall authorize both of	32714
the following:	32715

(A) The initial release of moneys for projects from the funds	32716
into which proceeds of direct obligations of the state are	32717
deposited; and	32718

(B) The expenditure or encumbrance of moneys from funds into	32719
which proceeds of direct obligations are deposited, but only after	32720
determining to the director's satisfaction that either of the	32721
following applies:	32722

(1) The application of the moneys to the particular project	32723
will not negatively affect any exemption or exclusion from federal	32724
income tax of the interest or interest equivalent on obligations	32725
issued to provide moneys to the particular fund.	32726

(2) Moneys for the project will come from the proceeds of	32727
obligations, the interest on which is not so excluded or exempt	32728
and which have been authorized as "taxable obligations" by the	32729
issuing authority.	32730

The director shall report any nonrelease of moneys pursuant	32731
to this section to the Governor, to the Speaker of the House of	32732
Representatives, to the President of the Senate, and to the agency	32733
for the use of which the project is intended.	32734

Section 265.10. SCHOOL FACILITIES ENCUMBRANCES AND	32735
REAPPROPRIATION	32736

At the request of the Executive Director of the Ohio School	32737
Facilities Commission, the Director of Budget and Management may	32738
cancel encumbrances for school district projects from a previous	32739
biennium if the district has not raised its local share of project	32740
costs within one year after receiving Controlling Board approval	32741
in accordance with section 3318.05 of the Revised Code. The	32742
Executive Director of the Ohio School Facilities Commission shall	32743
certify the amounts of these canceled encumbrances to the Director	32744
of Budget and Management on a quarterly basis. The amounts of the	32745
canceled encumbrances are hereby appropriated.	32746

Section 267.10. CERTIFICATE OF NEED REQUIREMENT

32747

An appropriation for a health care facility authorized under	32748
this act may not be released until the requirements of sections	32749
3702.51 to 3702.62 of the Revised Code have been met.	32750

Section 269.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	32751
ABATEMENT LITIGATION	32752

All proceeds received by the state as a result of litigation,	32753
judgments, settlements, or claims, filed by or on behalf of any	32754
state agency, as defined by section 1.60 of the Revised Code, or	32755
state-supported or state-assisted institution of higher education,	32756
for damages or costs resulting from the use, removal, or hazard	32757
abatement of asbestos materials shall be deposited in the Asbestos	32758
Abatement Distribution Fund (Fund 6740). All funds deposited into	32759
the Asbestos Abatement Distribution Fund are hereby appropriated	32760
to the Attorney General. To the extent practicable, the proceeds	32761
placed in the Asbestos Abatement Distribution Fund shall be	32762
divided among the state agencies and state-supported or	32763
state-assisted institutions of higher education in accordance with	32764
the general provisions of the litigation regarding the percentage	32765
of recovery. Distribution of the proceeds to each state agency or	32766
state-supported or state-assisted institution of higher education	32767
shall be made in accordance with the Asbestos Abatement	32768
Distribution Plan to be developed by the Attorney General, the	32769
General Services Division within the Department of Administrative	32770
Services, and the Office of Budget and Management.	32771

In those circumstances where asbestos litigation proceeds are	32772
for reimbursement of expenditures made with funds outside the	32773
state treasury or damages to buildings not constructed with state	32774
appropriations, direct payments shall be made to the affected	32775
institutions of higher education. Any proceeds received for	32776
reimbursement of expenditures made with funds within the state	32777
treasury or damages to buildings occupied by state agencies shall	32778
be distributed to the affected agencies with an intrastate	32779
transfer voucher to the funds identified in the Asbestos Abatement	32780
Distribution Plan.	32781

These proceeds shall be used for additional asbestos	32782
abatement or encapsulation projects, or for other capital	32783
improvements, except that proceeds distributed to the General	32784
Revenue Fund and other funds that are not bond improvement funds	32785
may be used for any purpose. The Controlling Board may, for bond	32786
improvement funds, create appropriation items or increase	32787
appropriation authority in existing appropriation items equaling	32788
the amount of the proceeds. The amounts approved by the	32789
Controlling Board are hereby appropriated. The proceeds deposited	32790
in bond improvement funds shall not be expended until released by	32791
the Controlling Board, which shall require certification by the	32792
Director of Budget and Management that the proceeds are sufficient	32793
and available to fund the additional anticipated expenditures.	32794

Section 271.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	32795
REVISED CODE	32796

The capital improvements for which appropriations are made in	32797
this act from the Third Frontier Research and Development Fund	32798
(Fund 7011), the Job Ready Site Development Fund (Fund 7012), the	32799
Ohio Parks and Natural Resources Fund (Fund 7031), the School	32800
Building Program Assistance Fund (Fund 7032), the Higher Education	32801
Improvement Fund (Fund 7034), the State Capital Improvements Fund	32802
(Fund 7038), the Clean Ohio Conservation Fund (Fund 7056), the	32803
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	32804
Ohio Trail Fund (Fund 7061) are determined to be capital	32805
improvements and capital facilities for research and development,	32806
preparation of sites, natural resources, a statewide system of	32807
common schools, state-supported and state-assisted institutions	32808
of higher education, local subdivision capital improvement	32809
projects, and conservation purposes (under the Clean Ohio	32810
Program) and are designated as capital facilities to which	32811
proceeds of obligations issued under Chapter 151. of the Revised	32812
Code are to be applied.	32813

Section 273.10. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	32814
REVISED CODE	32815

The capital improvements for which appropriations are made in	32816
this act from the Highway Safety Building Fund (Fund 7025), the	32817
Administrative Building Fund (Fund 7026), the Adult Correctional	32818
Building Fund (Fund 7027), the Juvenile Correctional Building Fund	32819
(Fund 7028), and the Transportation Building Fund (Fund 7029) are	32820
determined to be capital improvements and capital facilities for	32821
housing state agencies and branches of state government and are	32822
designated as capital facilities to which proceeds of obligations	32823
issued under Chapter 152. of the Revised Code are to be applied.	32824

Section 273.20. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	32825
REVISED CODE	32826

The capital improvements for which appropriations are made in	32827
this act from the Cultural and Sports Facilities Building Fund	32828
(Fund 7030), the Mental Health Facilities Improvement Fund (Fund	32829
7033), and the Parks and Recreation Improvement Fund (Fund 7035)	32830
are determined to be capital improvements and capital facilities	32831
for housing state agencies and branches of government, mental	32832
hygiene and retardation, and parks and recreation and are	32833
designated as capital facilities to which proceeds of obligations	32834
issued under Chapter 154. of the Revised Code are to be applied.	32835

Section 275.10. TRANSFER OF OPEN ENCUMBRANCES

32836

Upon the request of the agency to which a capital project	32837
appropriation item is appropriated, the Director of Budget and	32838
Management may transfer open encumbrance amounts between separate	32839
encumbrances for the project appropriation item to the extent that	32840
any reductions in encumbrances are agreed to by the contracting	32841
vendor and the agency.	32842

Section 277.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	32843
BUILDING FUND	32844

Any proceeds received by the state as the result of	32845
litigation or a settlement agreement related to any liability for	32846
the planning, design, engineering, construction, or construction	32847
management of facilities operated by the Department of	32848
Administrative Services shall be deposited into the Administrative	32849
Building Fund (Fund 7026).	32850

Section 279.10. COAL RESEARCH AND DEVELOPMENT BONDS

32851

The Ohio Public Facilities Commission, upon the request of	32852
the Director of the Ohio Coal Development Office with the advice	32853
of the Technical Advisory Committee created in section 1551.35 of	32854
the Revised Code and with the approval of the Director of the Air	32855
Quality Development Authority, is hereby authorized to issue and	32856
sell, in accordance with Section 15 of Article VIII, Ohio	32857
Constitution, and Chapter 151. of the Revised Code, and	32858
particularly sections 151.01 and 151.07 and other applicable	32859
sections of the Revised Code, bonds or other obligations of the	32860
state heretofore authorized by prior acts of the General Assembly.	32861
The obligations shall be issued, subject to applicable	32862
constitutional and statutory limitations, to provide sufficient	32863
moneys to the credit of the Coal Research and Development Fund	32864
created in section 1555.15 of the Revised Code to pay costs	32865
charged to the fund when due as estimated by the Director of the	32866
Ohio Coal Development Office.	32867

Section 281.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

32868

The Ohio Administrative Knowledge System (OAKS) shall be an	32869
enterprise resource planning system that replaces the state's	32870
central services infrastructure systems, including the Central	32871
Accounting System, the Human Resources/Payroll System, the Capital	32872
Improvements Projects Tracking System, the Fixed Assets Management	32873
System, and the Procurement System. The Department of	32874
Administrative Services, in conjunction with the Office of Budget	32875
and Management, may acquire the system, including, but not limited	32876
to, the enterprise resource planning software and installation and	32877
implementation thereof, pursuant to Chapter 125. of the Revised	32878
Code. Any lease-purchase arrangement utilized under Chapter 125.	32879
of the Revised Code, including any fractionalized interest therein	32880
as defined in division (N) of section 133.01 of the Revised Code,	32881
shall provide at the end of the lease period that OAKS shall	32882
become the property of the state.	32883

Section 283.10. Sections of this act prefixed with a section	32884
number in the 200s are and remain in full force and effect	32885
commencing on July 1, 2008, and terminating on June 30, 2010,	32886
for the purpose of drawing money from the state treasury in	32887
payment of liabilities lawfully incurred under those sections,	32888
and on June 30, 2010, and not before, the moneys hereby	32889
appropriated lapse into the funds from which they are severally	32890
appropriated. If, under Section 1c of Article II, Ohio	32891
Constitution, the sections of this act prefixed with a section	32892
number in the 200s do not take effect until after July 1, 2008,	32893
the sections are and remain in full force and effect commencing	32894
on that effective date.	32895

Section 503.10. GENERAL OBLIGATIONS ADJUSTMENTS TO REFLECT	32896
TOBACCO SECURITIZATION	32897

In accordance with divisions (A)(5) and (6) of Section 518.03	32898
of H.B. 119 of the 127th General Assembly, the existing	32899
authorizations granted in prior acts of the General Assembly to	32900
issue and sell obligations under Section 2n of Article VIII, Ohio	32901
Constitution, to pay costs of facilities for (1) a system of	32902
common schools throughout the state is hereby reduced from	32903
$4,145,000,000 to $3,345,000,000, and (2) state-supported and	32904
state-assisted institutions of higher education is hereby reduced	32905
from $2,957,000,000 to $2,007,000,000.	32906

Section 503.20. OHIO DENTIST AND PHYSICIAN LOAN REPAYMENT	32907
PROGRAMS	32908

On July 1, 2008, or as soon as possible thereafter, the	32909
Director of Budget and Management shall cancel any existing	32910
encumbrances against the Board of Regents' appropriation item	32911
235624, Ohio Dental Loan Repayment, and re-establish them against	32912
the Department of Health's appropriation item 440624, Ohio Dental	32913
Loan Repayment. The amounts of the re-established encumbrances	32914
are hereby appropriated.	32915

On July 1, 2008, or as soon as possible thereafter, the	32916
Chancellor of the Board of Regents shall certify to the Director	32917
of Budget and Management the amount of cash and any outstanding	32918
encumbrances for the Dentist and Physician Loan Repayment Programs	32919
remaining in the National Health Services Corps – Ohio Loan	32920
Repayment Fund (Fund 3T00). The Director of Budget and Management	32921
shall transfer this amount in cash from the National Health	32922
Services Corps – Ohio Loan Repayment Fund (Fund 3T00) to the	32923
Federal Public Health Programs Fund (Fund 3920). In addition, the	32924
Director of Budget and Management shall cancel the outstanding	32925
Dentist and Physician Loan Repayment Programs encumbrances in the	32926
National Health Services Corps – Ohio Loan Repayment Fund (Fund	32927
3T00) and re-establish these encumbrances in the Federal Public	32928
Health Programs Fund (Fund 3920). The amounts of the	32929
re-established encumbrances are hereby appropriated.	32930

On and after the effective date of this section,	32931
administration of the Dentist Loan Repayment Program is the	32932
responsibility of the Department of Health.	32933

Section 503.30. OHIO PHYSICIAN LOAN REPAYMENT PROGRAM

32934

On July 1, 2008, the Director of Budget and Management shall	32935
cancel any existing encumbrances against appropriation item	32936
235604, Physician Loan Repayment, and re-establish them against	32937
appropriation item 440628, Ohio Physician Loan Repayment. The	32938
amounts of the re-established encumbrances are hereby	32939
appropriated.	32940

On and after the effective date of this section,	32941
administration of the Physician Loan Repayment Program is the	32942
responsibility of the Department of Health.	32943

Section 515.10. SCHOOL FACILITIES COMMISSION REIMBURSEMENT	32944
FROM PROCEEDS OF TOBACCO SETTLEMENT BONDS	32945

Prior to January 1, 2009, the Executive Director of the Ohio	32946
School Facilities Commission shall report to the Director of	32947
Budget and Management the amount of funds expended between	32948
September 1, 2007, and June 30, 2008, from the Education	32949
Facilities Trust Fund (Fund N087) and from the Public School	32950
Building Fund (Fund 7021) that were eligible to be financed from	32951
the proceeds of the tax-exempt tobacco settlement bonds issued	32952
pursuant to section 183.51 of the Revised Code and were deposited	32953
into the School Building Program Assistance Fund (Fund 7032).	32954
Upon receipt of the report, the Director of Budget and Management	32955
may transfer cash, in the amount reported, from the tobacco	32956
settlement bond proceeds to each of the funds. Appropriations for	32957
the funds are hereby adjusted by the amounts of the cash	32958
transfers.	32959

Section 515.20. CORRECTIVE CASH TRANSFER

32960

On the effective date of this section, or as soon as possible	32961
thereafter, the Director of Budget and Management may transfer	32962
$34,549.45 in cash from the Coal Research and Development Bond	32963
Services Fund (Fund 7076) into the Coal Research and Development	32964
Fund (Fund 7046) to correct deposits that were mistakenly	32965
deposited into the Coal Research and Development Bond Services	32966
Fund (Fund 7076).	32967

Section 515.21. CORRECTIVE CASH TRANSFER

32968

On the effective date of this section, or as soon as possible	32969
thereafter, the Director of Budget and Management may transfer	32970
$5,538.11 in cash from the Coal Research and Development Fund	32971
(Fund 7046) into the Coal Research and Development Bond Services	32972
Fund (Fund 7076) to correct deposits that were mistakenly	32973
deposited into the Coal Research and Development Fund (Fund 7046).	32974

Section 515.30. TRANSFER FROM THE GENERAL REIMBURSEMENT FUND	32975
TO THE PUBLIC HEALTH PRIORITY TRUST FUND	32976

Notwithstanding any provision of law to the contrary, on July	32977
1, 2008, or as soon as possible thereafter, the Director of Budget	32978
and Management shall transfer $950,000 cash from the General	32979
Reimbursement Fund (Fund 1060) to the Public Health Priority Trust	32980
Fund (Fund L087). The amount transferred is hereby appropriated to	32981
appropriation item 440-432, Pneumococcal Vaccines for Children, in	32982
the Department of Health.	32983

Section 515.40. BUDGET STABILIZATION FUND TRANSFERS

32984

The Director of Budget and Management has directed the	32985
following agencies to reduce spending in the following General	32986
Revenue Fund appropriation items. Amounts listed in the first	32987
column are the reductions for fiscal year 2008 and amounts listed	32988
in the second column are the reductions for fiscal year 2009.	32989

Department of Agriculture	32990

	700-403		Animal Disease Control		$	36,540		$	182,702		32991
	700-410		Food Safety		$	8,651		$	43,255		32992

Department of Health	32993

	440-407		Animal Borne Disease and Prevention		$	80,000		$	40,000		32994
	440-418		Immunization		$	80,000		$	40,000		32995

Department of Rehabilitation and Correction	32996

503-321

Parole and Community Operations

1,327,100

5,433,321

32997

Department of Education	32998

200-503

Bus Purchase Allowance

5,128,138

676,200

32999

Department of Job and Family Services	33000

600-502

Child Support Match

3,401,410

33001

Rehabilitation Services Commission	33002

415-431

Office of People with Brain Injury

22,601

33003

Ohio School for the Blind	33004

226-100

Personal Services

354,656

375,966

33005

Ohio School for the Deaf	33006

221-100

Personal Services

438,768

463,193

33007

The Director of Budget and Management shall transfer	33008
$7,476,454 cash in fiscal year 2008 and $10,678,648 cash in fiscal	33009
year 2009 from the Budget Stabilization Fund to the General	33010
Revenue Fund to ensure the full amounts appropriated in Am. Sub.	33011
H.B. 119 of the 127th General Assembly to each of the foregoing	33012
appropriation items are available to the agencies for	33013
expenditure.	33014

Section 515.50. Notwithstanding division (A) of section	33015
169.05 of the Revised Code, on July 1, 2008, or as soon as	33016
possible thereafter, and upon the request of the Director of	33017
Budget and Management, the Director of Commerce shall transfer to	33018
the State Adoption Assistance Loan Fund, which is created in	33019
section 5101.143 of the Revised Code, $500,000 of unclaimed funds	33020
that have been reported by holders of unclaimed funds under	33021
section 169.05 of the Revised Code, irrespective of the	33022
allocation of the unclaimed funds under that section. The amount	33023
transferred is hereby appropriated.	33024

Notwithstanding division (A) of section 169.05 of the Revised	33025
Code, on July 1, 2009, or as soon as possible thereafter, and upon	33026
the request of the Director of Budget and Management, the Director	33027
of Commerce shall transfer to the State Adoption Assistance Loan	33028
Fund, which is created in section 5101.143 of the Revised Code,	33029
$500,000 of unclaimed funds that have been reported by holders of	33030
unclaimed funds under section 169.05 of the Revised Code,	33031
irrespective of the allocation of the unclaimed funds under that	33032
section. The amount transferred is hereby appropriated.	33033

The Director of Budget and Management shall establish	33034
accounts indicating the source and amount of funds for each	33035
appropriation made in this act, and shall determine the form and	33036
manner in which appropriation accounts shall be maintained.	33037

Section 515.60. CASH TRANSFER FROM AUTOMATED TITLE	33038
PROCESSING FUND TO TITLE DEFECT RESCISSION FUND	33039

Notwithstanding any other provision of law to the contrary,	33040
on July 1, 2008, or as soon as practicable thereafter, the	33041
Director of Budget and Management shall transfer $1,000,000 in	33042
cash from the Automated Title Processing Fund (Fund 8490) to the	33043
Title Defect Rescission Fund (Fund 4Y70).	33044

Section 610.10. That Sections 315.10 and 555.19 of Am. Sub.	33045
H.B. 67 of the 127th General Assembly be amended to read as	33046
follows:	33047

Sec. 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT	33048
PROJECT	33049

~~There is hereby created the Community Resolution Fund, which~~	33050
~~shall be in the custody of the Treasurer of State but shall not be~~	33051
~~part of the state treasury.~~ Notwithstanding any other provision of	33052
law to the contrary, ~~on the first day of July in each of 2007 and~~	33053
~~2008, or as soon as practicable thereafter in each of those years,~~	33054
~~the Treasurer of State shall transfer cash in the amount of~~	33055
~~$250,000~~the Department of Transportation shall enter into an	33056
agreement on a reimbursement basis with the Ohio Turnpike	33057
Commission for up to $500,000 from the Highway Operating Fund	33058
(Fund 002) ~~to the Community Resolution Fund~~. ~~The Treasurer of~~	33059
~~State~~Under the agreement, the Department of Transportation shall	33060
pay up to $250,000 from the fund ~~early~~ in fiscal year 2008 and up	33061
to $250,000 ~~early~~from the fund in fiscal year 2009 to the Ohio	33062
Turnpike Commission, which shall use the money for the study and	33063
pilot program required by ~~the~~this section.	33064

The Ohio Turnpike Commission shall perform a study of noise	33065
impact mitigation methods or techniques that may be used as an	33066
alternative to traditional sound barriers on the turnpike project.	33067
The study shall examine the viability of alternative noise impact	33068
mitigation methods or techniques that may be installed to	33069
alleviate traffic noise that is in excess of the criteria	33070
contained in the Ohio Department of Transportation's "Standard	33071
Procedures for the Analysis and Abatement of Highway Traffic	33072
Noise." After completing the study, but before ~~June 30~~December	33073
31, 2008, the Ohio Turnpike Commission shall commence a pilot	33074
program utilizing one or more alternative noise impact mitigation	33075
methods or techniques examined in the study, and shall submit a	33076
report containing the results of the pilot program and projected	33077
costs of further implementation to the Turnpike Legislative	33078
Review Committee not later than ~~December~~June 30, ~~2008~~2009.	33079
~~After the fiscal year 2009 payment of $250,000 is made to the~~	33080
~~Ohio Turnpike Commission, the Community Resolution Fund is~~	33081
~~abolished, and the Treasurer of State shall transfer any cash~~	33082
~~balance that remains credited to that fund to the Highway~~	33083
~~Operating Fund.~~	33084

Sec. 555.19. In fiscal year 2008, the Department of	33085
Transportation shall expend at least $400,000 in the township	33086
having the largest ~~geographic area~~population according to the	33087
most recent federal decennial census for a pilot program involving	33088
the installation and operation of a system of portable signal	33089
preemption devices. Use of the devices in the pilot program shall	33090
be in accordance with section 4511.031 of the Revised Code. The	33091
Department shall consult with appropriate township officials in	33092
implementing the pilot program.	33093

Section 610.11. That existing Sections 315.10 and 555.19 of	33094
Am. Sub. H.B. 67 of the 127th General Assembly are hereby	33095
repealed.	33096

Section 610.20. That Sections 203.10 and 203.50 of Am. Sub.	33097
H.B. 67 of the 127th General Assembly, as amended by Am. Sub.	33098
H.B. 119 of the 127th General Assembly, be amended to read as	33099
follows:	33100

Sec. 203.10. DOT DEPARTMENT OF TRANSPORTATION

33101

FUND

TITLE

FY 2008

FY 2009

33102

Transportation Planning and Research	33103

Highway Operating Fund Group	33104

002	771-411	Planning and Research - State	$	20,724,547	$	21,733,301	33105
002	771-412	Planning and Research - Federal	$	29,996,363	$	30,264,923	33106
TOTAL HOF Highway Operating							33107
Fund Group			$	50,720,910	$	51,998,224	33108
TOTAL ALL BUDGET FUND GROUPS -							33109
Transportation Planning							33110
and Research			$	50,720,910	$	51,998,224	33111

Highway Construction	33112

Highway Operating Fund Group	33113

002	772-421	Highway Construction - State	$	528,722,188	$	504,184,419	33114
002	772-422	Highway Construction - Federal	$	1,103,979,148	$	1,086,733,759	33115
002	772-424	Highway Construction - Other	$	106,439,000	$	100,379,155	33116
002	772-437	GARVEE Debt Service - State	$	10,321,300	$	19,273,500	33117
002	772-438	GARVEE Debt Service - Federal	$	113,915,900	$	139,015,000	33118
212	772-426	Highway Infrastructure Bank - Federal	$	4,303,173	$	4,018,649	33119
212	772-427	Highway Infrastructure Bank - State	$	8,268,315	$	10,209,272	33120
212	772-429	Highway Infrastructure Bank - Local	$	11,000,000	$	11,499,999	33121
212	772-430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	33122
213	772-431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	33123
213	772-432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	33124
213	772-433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	33125
TOTAL HOF Highway Operating							33126
Fund Group			$	1,897,449,024	$	1,885,813,753	33127

Highway Capital Improvement Fund Group	33128

042	772-723		Highway Construction - Bonds		$	200,000,000		$	100,000,000		33129
TOTAL 042 Highway Capital Improvement Fund Group					$	200,000,000		$	100,000,000		33130

Infrastructure Bank Obligations Fund Group	33131

045	772-428	Highway Infrastructure Bank - Bonds	$	450,000,000	$	400,000,000	33132
TOTAL 045 Infrastructure Bank							33133
Obligations Fund Group			$	450,000,000	$	400,000,000	33134
TOTAL ALL BUDGET FUND GROUPS -							33135
Highway Construction			$	2,547,449,024	$	2,385,813,753	33136

Highway Maintenance	33137

Highway Operating Fund Group	33138

002	773-431	Highway Maintenance - State	$	403,252,901		$	417,915,187	33139
TOTAL HOF Highway Operating								33140
Fund Group			$	403,252,901		$	417,915,187	33141
					33142

TOTAL ALL BUDGET FUND GROUPS -											33143
Highway Maintenance					$	403,252,901		$	417,915,187		33144

Transportation Infrastructure	33145

State Special Revenue Fund Group	33146

5Z2	774-610	Motorist Service Signs	$	$	11,200,000	33147
TOTAL SSR State Special Revenue Fund Group			$	$	11,200,000	33148
TOTAL ALL BUDGET FUND GROUPS - Transportation Infrastructure			$	$	11,200,000	33149

Public Transportation	33150

Highway Operating Fund Group	33151

002	775-452	Public Transportation - Federal	$	25,471,589	$	30,391,763	33152
002	775-454	Public Transportation - Other	$	1,500,000	$	1,500,000	33153
002	775-459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	33154
212	775-408	Transit Infrastructure Bank - Local	$	2,500,000	$	812,685	33155
212	775-455	Title 49 Infrastructure Bank - State	$	476,485	$	312,795	33156
213	775-457	Transit Infrastructure Bank - State	$	500,000	$	312,082	33157
213	775-460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	33158
TOTAL HOF Highway Operating							33159
Fund Group			$	36,178,074	$	39,059,325	33160
TOTAL ALL BUDGET FUND GROUPS -							33161
Public Transportation			$	36,178,074	$	39,059,325	33162

Rail Transportation	33163

Federal Special Revenue Fund Group	33164

3B9	776-662		Rail Transportation - Federal		$	10,000		$	10,000		33165
TOTAL FED Federal Special Revenue Fund Group					$	10,000		$	10,000		33166

Highway Operating Fund Group	33167

002	776-462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	33168
TOTAL HOF Highway Operating							33169
Fund Group			$	15,000,000	$	15,000,000	33170

State Special Revenue Fund Group	33171

4N4	776-663	Panhandle Lease Reserve Payments	$	762,500	$	763,700	33172
4N4	776-664	Rail Transportation - Other	$	2,111,500	$	2,111,500	33173
TOTAL SSR State Special Revenue Fund Group			$	2,874,000	$	2,875,200	33174

TOTAL ALL BUDGET FUND GROUPS -											33175
Rail Transportation					$	17,884,000		$	17,885,200		33176

Aviation	33177

State Special Revenue Fund Group	33178

5W9	777-615		County Airport Maintenance		$	570,000		$	570,000		33179
TOTAL SSR State Special Revenue Fund Group					$	570,000		$	570,000		33180

Highway Operating Fund Group	33181

002	777-472	Airport Improvements - Federal	$	405,000	$	405,000	33182
002	777-475	Aviation Administration	$	5,210,000	$	5,358,100	33183
213	777-477	Aviation Infrastructure Bank - State	$	2,000,000	$	3,500,000	33184
213	777-478	Aviation Infrastructure Bank - Local	$	5,996,118	$	6,000,000	33185
TOTAL HOF Highway Operating							33186
Fund Group			$	13,611,118	$	15,263,100	33187
TOTAL ALL BUDGET FUND GROUPS -							33188
Aviation			$	14,181,118	$	15,833,100	33189

Administration	33190

Highway Operating Fund Group	33191

002	779-491	Administration - State	$	120,262,864	$	122,601,493	33192
TOTAL HOF Highway Operating							33193
Fund Group			$	120,262,864	$	122,601,493	33194
TOTAL ALL BUDGET FUND GROUPS -							33195
Administration			$	120,262,864	$	122,601,493	33196

Debt Service	33197

Highway Operating Fund Group	33198

002	770-003	Administration - State - Debt Service	$	10,555,300	$	3,614,700	33199
TOTAL HOF Highway Operating							33200
Fund Group			$	10,555,300	$	3,614,700	33201
TOTAL ALL BUDGET FUND GROUPS -							33202
Debt Service			$	10,555,300	$	3,614,700	33203

TOTAL Department of Transportation	33204

TOTAL FED Federal Special Revenue Fund Group	$	10,000	$	10,000	33205
TOTAL HOF Highway Operating					33206
Fund Group	$	2,547,030,191	$	2,551,265,782	33207
TOTAL 042 Highway Capital					33208
Improvement Fund Group	$	200,000,000	$	100,000,000	33209
TOTAL 045 Infrastructure Bank					33210
Obligations Fund Group	$	450,000,000	$	400,000,000	33211
TOTAL SSR State Special Revenue Fund Group	$	3,444,000	$	~~3,445,200~~ 14,645,200	33212
TOTAL ALL BUDGET FUND GROUPS	$	3,200,484,191	$	~~3,054,720,982~~ 3,065,920,982	33213

DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

33214

Pursuant to section 121.51 of the Revised Code, the Director	33215
of Budget and Management, in conjunction with the Inspector	33216
General, shall prepare a schedule to transfer the necessary	33217
amounts from the Highway Operating Fund to the Deputy Inspector	33218
General for ODOT Fund to pay for the activities of the Deputy	33219
Inspector General. The amounts transferred are hereby	33220
appropriated.	33221

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

33222

Of the foregoing appropriation item 772-421, Highway	33223
Construction - State, $5,000,000 shall be used in each fiscal year	33224
during the fiscal year 2008-2009 biennium by the Department of	33225
Transportation for the construction, reconstruction, or	33226
maintenance of public access roads, including support features, to	33227
and within state facilities owned or operated by the Department of	33228
Natural Resources.	33229

Notwithstanding section 5511.06 of the Revised Code, of the	33230
foregoing appropriation item 772-421, Highway Construction -	33231
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	33232
biennium shall be used by the Department of Transportation for the	33233
construction, reconstruction, or maintenance of park drives or	33234
park roads within the boundaries of metropolitan parks.	33235

Included in the foregoing appropriation item 772-421, Highway	33236
Construction - State, the department may perform related road work	33237
on behalf of the Ohio Expositions Commission at the state	33238
fairgrounds, including reconstruction or maintenance of public	33239
access roads and support features, to and within fairground	33240
facilities as requested by the commission and approved by the	33241
Director of Transportation.	33242

HIGHWAY CONSTRUCTION - FEDERAL

33243

Of the foregoing appropriation item 772-422, Highway	33244
Construction - Federal, $200,000 in fiscal year 2008 shall be used	33245
for the Cleveland Metropolitan Park District West Creek Project.	33246

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

33247

Of the foregoing appropriation item 779-491,	33248
Administration-State, $4,000,000 in fiscal year 2008, shall be	33249
used by the Department of Transportation to make grants available	33250
for state highway improvements at public school entrances under	33251
the following conditions:	33252

(A) The school is receiving assistance from the Ohio School	33253
Facilities Commission for the renovation or construction of new	33254
school facilities.	33255

(B) The state highway improvements are to be made at	33256
entrances within school zones.	33257

Grant awards shall be limited to $500,000 per school	33258
district, and are contingent on local government officials or the	33259
participating school district, or both, matching 25 per cent of	33260
the improvement cost.	33261

LIQUIDATION OF UNFORESEEN LIABILITIES

33262

Any appropriation made to the Department of Transportation,	33263
Highway Operating Fund, not otherwise restricted by law, is	33264
available to liquidate unforeseen liabilities arising from	33265
contractual agreements of prior years when the prior year	33266
encumbrance is insufficient.	33267

Section 610.21. That existing Sections 203.10 and 203.50 of	33268
Am. Sub. H.B. 67 of the 127th General Assembly, as amended by	33269
Am. Sub. H.B. 119 of the 127th General Assembly, is hereby	33270
repealed.	33271

Section 610.30. That Sections 201.10 and 512.70 of Am. Sub.	33272
H.B. 100 of the 127th General Assembly be amended to read as	33273
follows:	33274

Sec. 201.10. All items in this section are hereby	33275
appropriated out of any moneys in the state treasury to the credit	33276
of the designated fund. For all appropriations made in ~~this act~~	33277
Am. Sub. H.B. 100 of the 127th General Assembly, those in the	33278
first column are for fiscal year 2008, and those in the second	33279
column are for fiscal year 2009.	33280

FND

AI TITLE

Appropriations

33281

BWC BUREAU OF WORKERS' COMPENSATION	33282

Workers' Compensation Fund Group	33283

023	855-401	William Green Lease Payments to OBA	$	20,436,600	$	20,686,500	33284
023	855-407	Claims, Risk & Medical Management	$	140,367,719	$	140,367,719	33285
023	855-408	Fraud Prevention	$	11,772,551	$	11,772,551	33286
023	855-409	Administrative Services	$	122,962,388	$	122,962,388	33287
023	855-410	Attorney General Payments	$	4,444,085	$	4,444,085	33288
822	855-606	Coal Workers' Fund	$	91,894	$	91,894	33289
823	855-608	Marine Industry	$	53,952	$	53,952	33290
825	855-605	Disabled Workers Relief Fund	$	488,282	$	492,500	33291
826	855-609	Safety & Hygiene Operating	$	20,734,750	$	20,734,750	33292
826	855-610	Safety Grants Program	$	4,000,000	$	~~4,000,000~~ 6,500,000	33293
829	855-604	Long Term Care Loan Program	$	2,000,000	$	2,000,000	33294
TOTAL WCF Workers' Compensation							33295
Fund Group			$	327,352,221	$	~~327,606,339~~ 330,106,339	33296

Federal Special Revenue Fund Group	33297

349	855-601	OSHA Enforcement	$	1,604,140	$	1,604,140	33298
TOTAL FED Federal Special Revenue Fund Group			$	1,604,140	$	1,604,140	33299
TOTAL ALL BUDGET FUND GROUPS			$	328,956,361	$	~~329,210,479~~ 331,710,479	33300

WILLIAM GREEN LEASE PAYMENTS

33301

The foregoing appropriation item 855-401, William Green Lease	33302
Payments to OBA, shall be used for lease payments to the Ohio	33303
Building Authority, and these appropriations shall be used to meet	33304
all payments at the times they are required to be made during the	33305
period from July 1, 2007, to June 30, 2009, by the Bureau of	33306
Workers' Compensation to the Ohio Building Authority pursuant to	33307
leases and agreements made under Chapter 152. of the Revised Code	33308
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	33309
Of the amounts received in Fund 023, appropriation item 855-401,	33310
William Green Lease Payments to OBA, up to $41,123,100 shall be	33311
restricted for lease rental payments to the Ohio Building	33312
Authority. If it is determined that additional appropriations are	33313
necessary for such purpose, such amounts are hereby appropriated.	33314

Notwithstanding any other provision of law to the contrary,	33315
all tenants of the William Green Building not funded by the	33316
Workers' Compensation Fund (Fund 023) shall pay their fair share	33317
of the costs of lease payments to the Workers' Compensation Fund	33318
(Fund 023) by intrastate transfer voucher.	33319

WORKERS' COMPENSATION FRAUD UNIT

33320

The Workers' Compensation Section Fund (Fund 195) shall	33321
receive payments from the Bureau of Workers' Compensation at the	33322
beginning of each quarter of each fiscal year to fund expenses of	33323
the Workers' Compensation Fraud Unit of the Attorney General's	33324
Office. Of the foregoing appropriation item 855-410, Attorney	33325
General Payments, $796,346 in fiscal year 2008 and $796,346 in	33326
fiscal year 2009 shall be used to provide these payments.	33327

SAFETY AND HYGIENE

33328

Notwithstanding section 4121.37 of the Revised Code, the	33329
Administrator of Workers' Compensation shall transfer moneys from	33330
the State Insurance Fund so that appropriation item 855-609,	33331
Safety and Hygiene Operating, is provided $20,734,750 in fiscal	33332
year 2008 and $20,734,750 in fiscal year 2009.	33333

OSHA ON-SITE CONSULTATION PROGRAM

33334

The Bureau of Workers' Compensation may designate a portion	33335
of appropriation item 855-609, Safety and Hygiene Operating, to be	33336
used to match federal funding for the federal Occupational Safety	33337
and Health Administration's (OSHA) on-site consultation program.	33338

VOCATIONAL REHABILITATION

33339

The Bureau of Workers' Compensation and the Rehabilitation	33340
Services Commission shall enter into an interagency agreement for	33341
the provision of vocational rehabilitation services and staff to	33342
mutually eligible clients. The bureau shall provide $605,407 in	33343
fiscal year 2008 and $605,407 in fiscal year 2009 from the State	33344
Insurance Fund to fund vocational rehabilitation services and	33345
staff in accordance with the interagency agreement.	33346

FUND BALANCE

33347

Any unencumbered cash balance in excess of $45,000,000 in the	33348
Workers' Compensation Fund (Fund 023) on the thirtieth day of June	33349
of each fiscal year shall be used to reduce the administrative	33350
cost rate charged to employers to cover appropriations for Bureau	33351
of Workers' Compensation operations.	33352

HOLDING ACCOUNT

33353

On July 1, 2007, or as soon as possible thereafter, the	33354
Director of Budget and Management shall transfer the remaining	33355
cash balance in the Camera Center Fund (Fund R46) to the	33356
Administrative Fund (Fund 023). After the transfer, the Camera	33357
Center Fund is abolished.	33358

Sec. 512.70. The Administrator of Workers' Compensation	33359
shall completely transition from use of the Micro Insurance	33360
Reserve Analysis System to a different system or different version	33361
of that system to determine the reserves for use in establishing	33362
premium rates assessed for the purposes of Chapter 4121., 4123.,	33363
4127., or 4131. of the Revised Code on or before ~~June 30~~July 1,	33364
2008. A contract between the Administrator and a vendor for the	33365
System in existence on the effective date of this section shall	33366
expire in accordance with the terms of the contract, and the	33367
Administrator may renew or extend that contract only for a period	33368
of time that does not extend past June 30, 2008.	33369

The Administrator shall transition to a reserve analysis	33370
system that is characterized as transparent in nature and for that	33371
purpose of transparency, satisfies both of the following criteria:	33372

(A) The manner in which the system uses data can be	33373
understood in general terms by employers who are subject to	33374
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and	33375
other persons interested in use of the system;	33376

(B) The type of data the system uses in making reserve	33377
analysis can be explained to employers who are subject to Chapters	33378
4121., 4123., 4127., and 4131. of the Revised Code and other	33379
persons interested in use of the system.	33380

The Administrator shall communicate information describing	33381
the manner in which the new reserve analysis system uses data and	33382
the type of data the system uses in making reserve analysis to	33383
employers who are subject to Chapters 4121., 4123., 4127., and	33384
4131. of the Revised Code and to any other persons who request	33385
such information.	33386

Section 610.31. That existing Sections 201.10 and 512.70 of	33387
Am. Sub. H.B. 100 of the 127th General Assembly are hereby	33388
repealed.	33389

Section 610.40. That Sections 207.20.50, 207.20.70,	33390
207.30.10, 207.30.20, 207.30.30, 219.10, 235.10, 261.10, 263.10,	33391
263.20.10, 263.20,80, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	33392
269.50.30, 275.10, 293.10, 299.10, 307.10, 309.10, 309.30.13,	33393
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	33394
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	33395
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	33396
of the 127th General Assembly be amended to read as follows:	33397

Sec. 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

33398

Effective with the implementation of the Multi-Agency Radio	33399
Communications System, the ~~State Chief Information Officer~~	33400
Department of Administrative Services shall collect user fees	33401
from participants in the system. ~~The~~Under the direction of the	33402
Director of Administrative Services, the State Chief Information	33403
Officer, with the advice of the Multi-Agency Radio Communications	33404
System Steering Committee and the Director of Budget and	33405
Management, shall determine the amount of the fees and the manner	33406
by which the fees shall be collected. Such user charges shall	33407
comply with the applicable cost principles issued by the federal	33408
Office of Management and Budget. All moneys from user charges and	33409
fees shall be deposited in the state treasury to the credit of	33410
the Multi-Agency Radio Communications System Administration Fund	33411
(Fund 5C2), which is hereby established in the state treasury.	33412
All interest income derived from the investment of the fund shall	33413
accrue to the fund.	33414

Sec. 207.20.70. OAKS SUPPORT ORGANIZATION

33415

The foregoing appropriation item 100-635, OAKS Support	33416
Organization, shall be used by the ~~Office of Information~~	33417
~~Technology~~Department of Administrative Services to support the	33418
operating costs associated with the implementation and	33419
maintenance of the state's enterprise resource planning system,	33420
OAKS, consistent with its responsibilities under this section and	33421
Chapters 125. and 126. of the Revised Code. The OAKS Support	33422
Organization shall operate and maintain the human capital	33423
management and financial management modules of the state's	33424
enterprise resource planning system to support statewide human	33425
resources and financial management activities administered by the	33426
Department of Administrative Services' human resources division	33427
and the Office of Budget and Management. The OAKS Support	33428
Organization shall recover the costs to establish, operate, and	33429
maintain the OAKS system through intrastate transfer voucher	33430
billings to the Department of Administrative Services and the	33431
Office of Budget and Management. Effective July 1, 2007, the	33432
Department of Administrative Services, with the approval of the	33433
Director of Budget and Management, shall include the recovery of	33434
the costs of administering the human capital management module of	33435
the OAKS System within the human resources services payroll rate.	33436
These revenues shall be deposited to the credit of the Human	33437
Resources Services Fund (Fund 125). Amounts deposited under this	33438
section are hereby appropriated to appropriation item 100-622,	33439
Human Resources Division-Operating. Not less than quarterly, the	33440
Department of Administrative Services shall process the intrastate	33441
transfer billings to transfer cash from the Human Resources	33442
Services Fund (Fund 125) to the OAKS Support Organization Fund	33443
(Fund 5EB) to pay for the OAKS Support Organization costs.	33444

Sec. 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

33445

(A) As used in this section, "Ohio Business Gateway" refers	33446
to the internet-based system operated by the ~~Office of Information~~	33447
~~Technology~~Department of Administrative Services with the advice	33448
of the Ohio Business Gateway Steering Committee established under	33449
section 5703.57 of the Revised Code. The Ohio Business Gateway is	33450
established to provide businesses a central web site where	33451
various filings and payments are submitted on-line to government.	33452
The information is then distributed to the various government	33453
entities that interact with the business community.	33454

(B) As used in this section:

33455

(1) "State Portal" refers to the official web site of the	33456
state, operated by the ~~Office of Information Technology~~Department	33457
of Administrative Services.	33458

(2) "Shared Hosting Environment" refers to the computerized	33459
system operated by the ~~Office of Information Technology~~Department	33460
of Administrative Services for the purpose of providing	33461
capability for state agencies to host web sites.	33462

(C) There is hereby created in the state treasury the	33463
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	33464
appropriation item 100-634, Centralized Gateway Enhancements,	33465
shall be used by the ~~Office of Information Technology~~Department	33466
of Administrative Services to pay the costs of enhancing,	33467
expanding, and operating the infrastructure of the Ohio Business	33468
Gateway, State Portal, and Shared Hosting Environment. ~~The~~Under	33469
the direction of the Director of Administrative Services, the	33470
State Chief Information Officer shall submit periodic spending	33471
plans to the Director of Budget and Management to justify	33472
operating transfers to the fund from the General Revenue Fund.	33473
Upon approval, the Director of Budget and Management shall	33474
transfer approved amounts to the fund, not to exceed the amount	33475
of the annual appropriation in each fiscal year. The spending	33476
plans may be based on the recommendations of the Ohio Business	33477
Gateway Steering Committee or its successor.	33478

Sec. 207.30.20. MAJOR IT PURCHASES AND CONTRACTS

33479

The Director of Administrative Services shall, on the	33480
effective date of this amendment, replace the Director and Chief	33481
Information Officer of the Office of Information Technology in all	33482
contracts executed pursuant to section 125.18 of the Revised Code	33483
and in matters relating to those contracts. Contracts entered into	33484
prior to the effective date of this amendment shall remain in full	33485
force and effect.	33486

Under the direction of the Director of Administrative	33487
Services, the State Chief Information Officer shall compute the	33488
amount of revenue attributable to the amortization of all	33489
equipment purchases and capitalized systems from appropriation	33490
item 100-607, IT ~~Service~~Services Delivery; appropriation item	33491
100-617, Major IT Purchases; and appropriation item CAP-837, Major	33492
IT Purchases, which is recovered by the Office of Information	33493
Technology as part of the rates charged by the IT Service	33494
Delivery Fund (Fund 133) created in section 125.15 of the Revised	33495
Code. The Director of Budget and Management may transfer cash in	33496
an amount not to exceed the amount of amortization computed from	33497
the IT Service Delivery Fund (Fund 133) to the Major IT Purchases	33498
Fund (Fund 4N6).	33499

On or before June 30, 2008, any unencumbered amounts of the	33500
foregoing appropriation item 100-607, IT Services Delivery, that	33501
are attributable to implementation of the NextGen Network for	33502
fiscal year 2008 are hereby appropriated for the same purpose for	33503
fiscal year 2009.	33504

Sec. 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

33505

~~The~~Under the direction of the Director of Administrative	33506
Services, the State Chief Information Officer, with the approval	33507
of the Director of Budget and Management, may establish an	33508
information technology assessment for the purpose of recovering	33509
the cost of selected infrastructure and statewide programs. Such	33510
assessment shall comply with applicable cost principles issued by	33511
the federal Office of Management and Budget. The information	33512
technology assessment shall be charged to all organized bodies,	33513
offices, or agencies established by the laws of the state for the	33514
exercise of any function of state government except for the	33515
General Assembly, any legislative agency, the Supreme Court, the	33516
other courts of record in Ohio, or any judicial agency, the	33517
Adjutant General, the Bureau of Workers' Compensation, and	33518
institutions administered by a board of trustees. Any	33519
state-entity exempted by this section may utilize the	33520
infrastructure or statewide program by participating in the	33521
information technology assessment. All charges for the	33522
information technology assessment shall be deposited to the	33523
credit of the IT Governance Fund (Fund 229).	33524

Sec. 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	33525
SERVICES	33526

General Revenue Fund	33527

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	33528
GRF	038-401	Treatment Services	$	38,661,063	$	41,661,063	33529
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	33530
TOTAL GRF General Revenue Fund			$	40,785,051	$	44,285,051	33531

General Services Fund	33532

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		33533
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		33534

Federal Special Revenue Fund Group	33535

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	33536
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	33537
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	33538
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	33539
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	33540
TOTAL FED Federal Special Revenue							33541
Fund Group			$	130,093,075	$	130,093,075	33542

State Special Revenue Fund Group	33543

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	33544
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	33545
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	33546
689	038-604	Education and Conferences	$	350,000	$	350,000	33547
TOTAL SSR State Special Revenue							33548
Fund Group			$	18,882,500	$	18,882,500	33549
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	33550

TREATMENT SERVICES

33551

Of the foregoing appropriation item 038-401, Treatment	33552
Services, not more than $8,190,000 shall be used by the Department	33553
of Alcohol and Drug Addiction Services for program grants for	33554
priority populations in each year of the biennium.	33555

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

33556

Of the foregoing appropriation item 038-401, Treatment	33557
Services, $4 million in each fiscal year shall be used to provide	33558
substance abuse services to families involved in the child welfare	33559
system under the requirements of Am. Sub. H.B. 484 of the 122nd	33560
General Assembly.	33561

THERAPEUTIC COMMUNITIES

33562

Of the foregoing appropriation item 038-401, Treatment	33563
Services, $750,000 shall be used in each fiscal year for the	33564
Therapeutic Communities Program in the Department of	33565
Rehabilitation and Correction.	33566

JUVENILE AFTERCARE PROGRAM

33567

Of the foregoing appropriation item 038-401, Treatment	33568
Services, $2,500,000 shall be used in fiscal year 2009 for the	33569
Juvenile Aftercare Program to provide community-based alcohol and	33570
other drug treatment to parolees from the Department of Youth	33571
Services.	33572

SERVICES FOR TANF ELIGIBLE INDIVIDUALS

33573

Of the foregoing appropriation item 038-401, Treatment	33574
Services, $5 million in each fiscal year shall be used for	33575
TANF-eligible expenses for substance abuse prevention and	33576
treatment services to children or their families whose income is	33577
at or below 200 per cent of the federal poverty level.	33578

INTERNAL REVIEW

33579

The Director of Alcohol and Drug Addiction Services shall	33580
consult with the Director of Budget and Management and	33581
representatives of local and county alcohol and drug addiction	33582
services agencies to conduct an internal review of policies and	33583
procedures to increase efficiency and identify and eliminate	33584
duplicative practices. Any savings identified as a result of the	33585
internal review shall be used for community-based care.	33586

The Director of Alcohol and Drug Addiction Services shall	33587
seek Controlling Board approval before expending any funds	33588
identified as a result of the internal review.	33589

Sec. 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

33590

General Revenue Fund	33591

GRF	874-100	Personal Services	$	2,057,000	$	~~2,057,000~~ 2,201,612	33592
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	33593
TOTAL GRF General Revenue Fund			$	3,142,837	$	~~3,137,837~~ 3,282,449	33594

General Services Fund Group	33595

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	33596
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	33597
TOTAL GSF General Services							33598
Fund Group			$	665,484	$	665,484	33599

Underground Parking Garage	33600

208	874-601	Underground Parking Garage Operations	$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	33601
TOTAL UPG Underground Parking							33602
Garage			$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	33603
TOTAL ALL BUDGET FUND GROUPS			$	~~6,515,314~~ 6,563,314	$	~~6,510,314~~ 6,702,926	33604

WAREHOUSE PAYMENTS

33605

Of the foregoing appropriation item 874-601, Underground	33606
Parking Garage Operations, $48,000 in each fiscal year shall be	33607
used to meet all payments at the times they are required to be	33608
made during the period from July 1, 2007, to June 30, 2009, by	33609
the Capitol Square Review and Advisory Board to the Ohio Building	33610
Authority for bond service charges relating to the purchase and	33611
improvement of a warehouse in which to store items of the Capitol	33612
Collection Trust and, whenever necessary, equipment or other	33613
property of the Board.	33614

Sec. 261.10. BDP BOARD OF DEPOSIT

33615

General Services Fund Group	33616

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	33617
TOTAL GSF General Services Fund							33618
Group			$	1,676,000	$	1,676,000	33619
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	33620

BOARD OF DEPOSIT EXPENSE FUND

33621

Upon receiving certification of expenses from the Treasurer	33622
of State, the Director of Budget and Management shall transfer	33623
cash from the Investment Earnings Redistribution Fund (Fund 608)	33624
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	33625
shall be used pursuant to section 135.02 of the Revised Code to	33626
pay for any and all necessary expenses of the Board of Deposit or	33627
for banking charges and fees required for the operation of the	33628
State of Ohio Regular Account.	33629

Sec. 263.10. DEV DEPARTMENT OF DEVELOPMENT

33630

General Revenue Fund	33631

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	33632
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	33633
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	33634
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	33635
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	33636
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	33637
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	33638
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	33639
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	33640
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	33641
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	33642
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	33643
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	33644
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	33645
GRF	195-498	State Match Energy	$	96,820	$	96,820	33646
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	33647
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	33648
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	~~1,115,000~~ 1,165,000	33649
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	33650
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	33651
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	33652
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	33653
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	33654
TOTAL GRF General Revenue Fund			$	118,307,534	$	~~124,315,484~~ 124,365,484	33655

General Services Fund Group	33656

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	33657
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	33658
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	33659
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	33660
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	33661
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	33662
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	33663
TOTAL GSF General Services Fund							33664
Group			$	21,149,404	$	37,171,444	33665

Federal Special Revenue Fund Group	33666

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	33667
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	33668
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	33669
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	33670
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	33671
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	33672
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	33673
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	33674
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	33675
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	33676
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	33677
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	33678
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	33679
TOTAL FED Federal Special Revenue							33680
Fund Group			$	356,446,281	$	326,566,381	33681

State Special Revenue Fund Group	33682

4F2	195-639	State Special Projects	$	518,393	$	518,393	33683
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	33684
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	33685
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	33686
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	33687
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	33688
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	33689
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	33690
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	33691
5DU	195-689	Energy Projects	$	840,000	$	840,000	33692
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	33693
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	33694
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	33695
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	33696
617	195-654	Volume Cap Administration	$	200,000	$	200,000	33697
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	33698
TOTAL SSR State Special Revenue							33699
Fund Group			$	334,641,556	$	330,141,556	33700

Facilities Establishment Fund Group	33701

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	33702
010	195-665	Research and Development	$	50,000,000	$	50,000,000	33703
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	33704
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	33705
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	33706
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	33707
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	33708
TOTAL 037 Facilities							33709
Establishment Fund Group			$	224,475,000	$	224,475,000	33710

Clean Ohio Revitalization Fund	33711

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		33712
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		33713

Third Frontier Research & Development Fund Group	33714

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	33715
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	33716
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	33717
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	33718

Job Ready Site Development Fund Group	33719

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		33720
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		33721

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

~~1,146,398,076~~ 1,146,448,076

33722

Sec. 263.20.10. TRAVEL AND TOURISM GRANTS

33724

The foregoing appropriation item 195-507, Travel and Tourism	33725
Grants, shall be used to provide grants to local organizations to	33726
support various local travel and tourism events in Ohio.	33727

Of the foregoing appropriation item 195-507, Travel and	33728
Tourism Grants, $50,000 in each fiscal year shall be used for the	33729
Cleveland Film Bureau.	33730

Of the foregoing appropriation item 195-507, Travel and	33731
Tourism Grants, $50,000 in each fiscal year shall be used for the	33732
Cincinnati Film Bureau.	33733

Of the foregoing appropriation item 195-507, Travel and	33734
Tourism Grants, $500,000 in each fiscal year shall be used for	33735
grants to The International Center for the Preservation of Wild	33736
Animals.	33737

Of the foregoing appropriation item 195-507, Travel and	33738
Tourism Grants, $50,000 in each fiscal year shall be used for the	33739
Greater Cleveland Sports Commission.	33740

Of the foregoing appropriation item 195-507, Travel and	33741
Tourism Grants, $50,000 in each fiscal year shall be used for the	33742
Greater Columbus Sports Commission.	33743

Of the foregoing appropriation item 195-507, Travel and	33744
Tourism Grants, $50,000 in each fiscal year ~~2008~~ shall be used for	33745
the Ohio Alliance of Science Centers.	33746

Of the foregoing appropriation item 195-507, Travel and	33747
Tourism Grants, $100,000 in each fiscal year shall be used for the	33748
Harbor Heritage Society/Great Lakes Science Center in support of	33749
operations of the Steamship William G. Mather Maritime Museum, and	33750
$100,000 in each fiscal year shall be used for the Great Lakes	33751
Historical Society.	33752

Of the foregoing appropriation item 195-507, Travel and	33753
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	33754
Ohio Junior Angus Association to assist with costs associated with	33755
hosting the Eastern Regional Junior Angus Show in June 2009.	33756

Of the foregoing appropriation item 195-507, Travel and	33757
Tourism Grants, $60,000 in each fiscal year shall be used for the	33758
Ohio River Trails program.	33759

Of the foregoing appropriation item 195-507, Travel and	33760
Tourism Grants, $60,000 in each fiscal year shall be used to	33761
support the outdoor drama "Tecumseh!"	33762

Of the foregoing appropriation item 195-507, Travel and	33763
Tourism Grants, $25,000 in each fiscal year shall be used for	33764
Ohio's Appalachian Country.	33765

Of the foregoing appropriation item 195-507, Travel and	33766
Tourism Grants, $25,000 in each fiscal year shall be used for the	33767
Garst Museum.	33768

Of the foregoing appropriation item 195-507, Travel and	33769
Tourism Grants, $10,000 in each fiscal year shall be used for the	33770
Pro Football Hall of Fame Festival.	33771

Sec. 263.20.80. FACILITIES ESTABLISHMENT FUND

33772

The foregoing appropriation item 195-615, Facilities	33773
Establishment (Fund 037), shall be used for the purposes of the	33774
Facilities Establishment Fund under Chapter 166. of the Revised	33775
Code.	33776

Notwithstanding Chapter 166. of the Revised Code, an amount	33777
not to exceed $1,800,000 in cash each fiscal year may be	33778
transferred from the Facilities Establishment Fund (Fund 037) to	33779
the Economic Development Financing Operating Fund (Fund 451). The	33780
transfer is subject to Controlling Board approval under division	33781
(B) of section 166.03 of the Revised Code.	33782

Notwithstanding Chapter 166. of the Revised Code, an amount	33783
not to exceed $5,475,000 in cash each fiscal year may be	33784
transferred during the biennium from the Facilities Establishment	33785
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	33786
for the purpose of removing barriers to urban core redevelopment.	33787
The Director of Development shall develop program guidelines for	33788
the transfer and release of funds, including, but not limited to,	33789
the completion of all appropriate environmental assessments before	33790
state assistance is committed to a project. The transfers shall be	33791
subject to approval by the Controlling Board upon the submission	33792
of a request by the Department of Development.	33793

Notwithstanding Chapter 166. of the Revised Code, an amount	33794
not to exceed $3,000,000 in cash each fiscal year may be	33795
transferred from the Facilities Establishment Fund (Fund 037) to	33796
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	33797
subject to Controlling Board approval under section 166.03 of the	33798
Revised Code.	33799

Notwithstanding Chapter 166. of the Revised Code, of the	33800
foregoing appropriation item 195-615, Facilities Establishment,	33801
$1,500,000 in fiscal year 2008 shall be used for business	33802
development by any current or future port authority located in	33803
Clark County.	33804

Notwithstanding Chapter 166. of the Revised Code, on July 1,	33805
2007, or as soon as possible thereafter, the Director of Budget	33806
and Management, at the request of the Director of Development,	33807
shall transfer $5,719,325 cash from the Facilities Establishment	33808
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	33809
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	33810
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	33811
in fiscal year 2008 is hereby appropriated in appropriation item	33812
195-434, Investment in Training Grants.	33813

Notwithstanding Chapter 166. of the Revised Code, on July 1,	33814
2008, or as soon as possible thereafter, the Director of Budget	33815
and Management may transfer up to $2,000,000 cash from the	33816
Facilities Establishment Fund (Fund 037) to the Workforce	33817
Development Initiatives Fund (Fund 3AE).	33818

Notwithstanding Chapter 166. of the Revised Code, on July 1,	33819
2008, or as soon as possible thereafter, the Director of Budget	33820
and Management, at the request of the Director of Development,	33821
shall transfer $6,102,500 cash from the Facilities Establishment	33822
Fund (Fund 037) to the General Revenue Fund. The amount	33823
transferred is hereby appropriated in appropriation item 195-412,	33824
Rapid Outreach Grants, for fiscal year 2009.	33825

Notwithstanding Chapter 166. of the Revised Code, on the	33826
first day of July of each year of the biennium, or as soon as	33827
possible thereafter, the Director of Budget and Management, at the	33828
request of the Director of Development, shall transfer $4,275,000	33829
cash from the Facilities Establishment Fund (Fund 037) to the Job	33830
Development Initiatives Fund (Fund 5AD). The amount transferred is	33831
hereby appropriated in each fiscal year in appropriation item	33832
195-677, Economic Development Contingency.	33833

Notwithstanding Chapter 166. of the Revised Code, of the	33834
foregoing appropriation item 195-615, Facilities Establishment,	33835
$1,500,000 in fiscal year 2008 shall be used for the City of	33836
Toledo's Marina District Development project. Disbursement of	33837
funds for this purpose shall not take precedence over any existing	33838
obligations from the Facilities Establishment Fund or any other	33839
provision in this section.	33840

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

33841

Notwithstanding Chapter 166. of the Revised Code, an amount	33842
not to exceed $1,000,000 in cash each fiscal year shall be	33843
transferred from moneys in the Facilities Establishment Fund (Fund	33844
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	33845
in the Department of Development.	33846

RURAL DEVELOPMENT INITIATIVE FUND

33847

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	33848
entitled to receive moneys from the Facilities Establishment Fund	33849
(Fund 037). The Director of Development may make grants from the	33850
Rural Development Initiative Fund as specified in division (A)(2)	33851
of this section to eligible applicants in Appalachian counties and	33852
in rural counties in the state that are designated as distressed	33853
under section 122.25 of the Revised Code. Preference shall be	33854
given to eligible applicants located in Appalachian counties	33855
designated as distressed by the federal Appalachian Regional	33856
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	33857
cease to exist after June 30, 2009. All moneys remaining in the	33858
Fund after that date shall revert to the Facilities Establishment	33859
Fund (Fund 037).	33860

(2) The Director of Development shall make grants from the	33861
Rural Development Initiative Fund (Fund 5S8) only to eligible	33862
applicants who also qualify for and receive funding under the	33863
Rural Industrial Park Loan Program as specified in sections 122.23	33864
to 122.27 of the Revised Code. Eligible applicants shall use the	33865
grants for the purposes specified in section 122.24 of the Revised	33866
Code. All projects supported by grants from the fund are subject	33867
to Chapter 4115. of the Revised Code as specified in division (E)	33868
of section 166.02 of the Revised Code. The Director shall develop	33869
program guidelines for the transfer and release of funds. The	33870
release of grant moneys to an eligible applicant is subject to	33871
Controlling Board approval.	33872

(B) Notwithstanding Chapter 166. of the Revised Code, the	33873
Director of Budget and Management may transfer an amount not to	33874
exceed $3,000,000 in cash each fiscal year on an as-needed basis	33875
at the request of the Director of Development from the Facilities	33876
Establishment Fund (Fund 037) to the Rural Development Initiative	33877
Fund (Fund 5S8). The transfer is subject to Controlling Board	33878
approval under section 166.03 of the Revised Code.	33879

CAPITAL ACCESS LOAN PROGRAM

33880

The foregoing appropriation item 195-628, Capital Access Loan	33881
Program, shall be used for operating, program, and administrative	33882
expenses of the program. Funds of the Capital Access Loan Program	33883
shall be used to assist participating financial institutions in	33884
making program loans to eligible businesses that face barriers in	33885
accessing working capital and obtaining fixed-asset financing.	33886

Notwithstanding Chapter 166. of the Revised Code, the	33887
Director of Budget and Management may transfer an amount not to	33888
exceed $3,000,000 in cash each fiscal year on an as-needed basis	33889
at the request of the Director of Development from the Facilities	33890
Establishment Fund (Fund 037) to the Capital Access Loan Program	33891
Fund (Fund 5S9). The transfer is subject to Controlling Board	33892
approval under section 166.03 of the Revised Code.	33893

Sec. 263.30.10. UNCLAIMED FUNDS TRANSFER

33894

(A) Notwithstanding division (A) of section 169.05 of the	33895
Revised Code, upon the request of the Director of Budget and	33896
Management, the Director of Commerce, prior to June 30, 2008,	33897
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	33898
an amount not to exceed $5,000,000 in cash of the unclaimed funds	33899
that have been reported by the holders of unclaimed funds under	33900
section 169.05 of the Revised Code, regardless of the allocation	33901
of the unclaimed funds described under that section.	33902

Notwithstanding division (A) of section 169.05 of the Revised	33903
Code, upon the request of the Director of Budget and Management,	33904
the Director of Commerce, prior to June 30, 2009, shall transfer	33905
to the Job Development Initiatives Fund (Fund 5AD) an amount not	33906
to exceed $24,400,000 in cash of the unclaimed funds that have	33907
been reported by the holders of unclaimed funds under section	33908
169.05 of the Revised Code, regardless of the allocation of the	33909
unclaimed funds described under that section.	33910

(B) Notwithstanding division (A) of section 169.05 of the	33911
Revised Code, upon the request of the Director of Budget and	33912
Management, the Director of Commerce, prior to June 30, 2008,	33913
shall transfer to the State Special Projects Fund (Fund 4F2) an	33914
amount not to exceed ~~$2,500,000~~$5,000,000 of the unclaimed funds	33915
that have been reported by the holders of unclaimed funds under	33916
section 169.05 of the Revised Code, regardless of the allocation	33917
of the unclaimed funds described under that section.	33918

Notwithstanding division (A) of section 169.05 of the Revised	33919
Code, upon the request of the Director of Budget and Management,	33920
the Director of Commerce, prior to June 30, 2009, shall transfer	33921
to the State Special Projects Fund (Fund 4F2) an amount not to	33922
exceed ~~$2,500,000~~$1,000,000 in cash of the unclaimed funds that	33923
have been reported by the holders of unclaimed funds under	33924
section 169.05 of the Revised Code, regardless of the allocation	33925
of the unclaimed funds described under that section.	33926

Sec. 269.30.30. GIFTED PUPIL PROGRAM

33927

The foregoing appropriation item 200-521, Gifted Pupil	33928
Program, shall be used for gifted education units not to exceed	33929
1,110 in each fiscal year under division (L) of section 3317.024	33930
and division (F) of section 3317.05 of the Revised Code.	33931

Of the foregoing appropriation item 200-521, Gifted Pupil	33932
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	33933
in fiscal year 2009 may be used as an additional supplement for	33934
identifying gifted students under Chapter 3324. of the Revised	33935
Code.	33936

Of the foregoing appropriation item 200-521, Gifted Pupil	33937
Program, the Department of Education may expend up to $1,015,858	33938
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	33939
the Summer Honors Institute, including funding for the Martin	33940
Essex Program, which shall be awarded through a request for	33941
proposals process.	33942

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

33943

The foregoing appropriation item 200-532, Nonpublic	33944
Administrative Cost Reimbursement, shall be used by the Department	33945
of Education for the purpose of implementing section 3317.063 of	33946
the Revised Code. Notwithstanding the per pupil reimbursement	33947
limit of section 3317.063 of the Revised Code, the Department	33948
shall distribute any unspent and unencumbered funds remaining in	33949
each fiscal year after all other obligations of this appropriation	33950
have been met to chartered nonpublic schools in proportion to each	33951
school's share of the total reimbursement provided under section	33952
3317.063 of the Revised Code.	33953

Sec. 269.30.70. FOUNDATION FUNDING

33954

The foregoing appropriation item 200-550, Foundation Funding,	33955
includes $75,000,000 in each fiscal year for the state education	33956
aid offset due to the change in public utility valuation as a	33957
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	33958
General Assembly. This amount represents the total state education	33959
aid offset due to the valuation change for school districts and	33960
joint vocational school districts from all relevant appropriation	33961
line item sources. Upon certification by the Department of	33962
Education, in consultation with the Department of Taxation, to the	33963
Director of Budget and Management of the actual state aid offset,	33964
the cash transfer from Fund 053, appropriation item 200-900,	33965
School District Property Tax Replacement - Utility, shall be	33966
decreased or increased by the Director of Budget and Management to	33967
match the certification in accordance with section 5727.84 of the	33968
Revised Code.	33969

The foregoing appropriation item 200-550, Foundation Funding,	33970
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	33971
fiscal year 2009 for the state education aid offset because of the	33972
changes in tangible personal property valuation as a result of Am.	33973
Sub. H.B. 66 of the 126th General Assembly. This amount represents	33974
the total state education aid offset because of the valuation	33975
change for school districts and joint vocational school districts	33976
from all relevant appropriation item sources. Upon certification	33977
by the Department of Education of the actual state education aid	33978
offset to the Director of Budget and Management, the cash transfer	33979
from Fund 047, appropriation item 200-909, School District	33980
Property Tax Replacement - Business, shall be decreased or	33981
increased by the Director of Budget and Management to match the	33982
certification in accordance with section 5751.21 of the Revised	33983
Code.	33984

Of the foregoing appropriation item 200-550, Foundation	33985
Funding, up to $425,000 shall be expended in each fiscal year for	33986
court payments under section ~~2151.357~~2151.362 of the Revised	33987
Code; an amount shall be available in each fiscal year to fund up	33988
to 225 full-time equivalent approved GRADS teacher grants under	33989
division (N) of section 3317.024 of the Revised Code; an amount	33990
shall be available in each fiscal year to make payments to school	33991
districts under division (A)(3) of section 3317.022 of the	33992
Revised Code; an amount shall be available in each fiscal year to	33993
make payments to school districts under division (F) of section	33994
3317.022 of the Revised Code; and up to $30,000,000 in each	33995
fiscal year shall be reserved for payments under sections	33996
3317.026, 3317.027, and 3317.028 of the Revised Code except that	33997
the Controlling Board may increase the $30,000,000 amount if	33998
presented with such a request from the Department of Education.	33999

Of the foregoing appropriation item 200-550, Foundation	34000
Funding, up to $19,770,000 in fiscal year 2008 and up to	34001
$20,545,200 in fiscal year 2009 shall be used to provide	34002
additional state aid to school districts for special education	34003
students under division (C)(3) of section 3317.022 of the Revised	34004
Code, except that the Controlling Board may increase these amounts	34005
if presented with such a request from the Department of Education	34006
at the final meeting of the fiscal year; up to $2,000,000 in each	34007
fiscal year shall be reserved for Youth Services tuition payments	34008
under section 3317.024 of the Revised Code; and up to $52,000,000	34009
in each fiscal year shall be reserved to fund the state	34010
reimbursement of educational service centers under section 3317.11	34011
of the Revised Code and the section of ~~this act~~Am. Sub. H.B. 119	34012
of the 127th General Assembly entitled "EDUCATIONAL SERVICE	34013
CENTERS FUNDING." An amount shall be available for special	34014
education weighted funding under division (C)(1) of section	34015
3317.022 and division (D)(1) of section 3317.16 of the Revised	34016
Code.	34017

Of the foregoing appropriation item 200-550, Foundation	34018
Funding, an amount shall be available in each fiscal year to be	34019
used by the Department of Education for transitional aid for	34020
school districts and joint vocational school districts. Funds	34021
shall be distributed under the sections of ~~this act~~Am. Sub. H.B.	34022
119 of the 127th General Assembly entitled "TRANSITIONAL AID FOR	34023
CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and	34024
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	34025

Of the foregoing appropriation item 200-550, Foundation	34026
Funding, up to $1,000,000 in each fiscal year shall be used by the	34027
Department of Education for a program to pay for educational	34028
services for youth who have been assigned by a juvenile court or	34029
other authorized agency to any of the facilities described in	34030
division (A) of the section of ~~this act~~Am. Sub. H.B. 119 of the	34031
127th General Assembly entitled "PRIVATE TREATMENT FACILITY	34032
PROJECT."	34033

Of the foregoing appropriation item 200-550, Foundation	34034
Funding, up to $3,700,000 in each fiscal year shall be used for	34035
school breakfast programs. Of this amount, up to $900,000 shall be	34036
used in each fiscal year by the Department of Education to	34037
contract with the Children's Hunger Alliance to expand access to	34038
child nutrition programs consistent with the organization's	34039
continued ability to meet specified performance measures as	34040
detailed in the contract. Of this amount, the Children's Hunger	34041
Alliance shall use at least $150,000 in each fiscal year to	34042
subcontract with an appropriate organization or organizations to	34043
expand summer food participation in underserved areas of the	34044
state, consistent with those organizations' continued ability to	34045
meet specified performance measures as detailed in the	34046
subcontracts. The remainder of the appropriation shall be used to	34047
partially reimburse school buildings within school districts that	34048
are required to have a school breakfast program under section	34049
3313.813 of the Revised Code, at a rate decided by the Department.	34050

Of the foregoing appropriation item 200-550, Foundation	34051
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	34052
in fiscal year 2009 shall be used to operate the school choice	34053
program in the Cleveland Municipal School District under sections	34054
3313.974 to 3313.979 of the Revised Code.	34055

Of the portion of the funds distributed to the Cleveland	34056
Municipal School District under this section, up to $11,901,887 in	34057
each fiscal year shall be used to operate the school choice	34058
program in the Cleveland Municipal School District under sections	34059
3313.974 to 3313.979 of the Revised Code.	34060

Of the foregoing appropriation item 200-550, Foundation	34061
Funding, $3,312,165 in each fiscal year shall be used in	34062
conjunction with funding appropriated under appropriation item	34063
200-431, School Improvement Initiatives, to help support districts	34064
in the development and implementation of their continuous	34065
improvements plans and provide technical assistance and support in	34066
accordance with Title I of the "No Child Left Behind Act of 2001."	34067

The remaining portion of appropriation item 200-550,	34068
Foundation Funding, shall be expended for the public schools of	34069
city, local, exempted village, and joint vocational school	34070
districts, including base-cost funding, special education speech	34071
service enhancement funding, career-technical education weight	34072
funding, career-technical education associated service funding,	34073
teacher training and experience funding, charge-off supplement,	34074
and excess cost supplement under sections 3317.022, 3317.023,	34075
3317.0216, and 3317.16 of the Revised Code.	34076

Appropriation items 200-502, Pupil Transportation, 200-521,	34077
Gifted Pupil Program, 200-540, Special Education Enhancements, and	34078
200-550, Foundation Funding, other than specific set-asides, are	34079
collectively used in each fiscal year to pay state formula aid	34080
obligations for school districts and joint vocational school	34081
districts under Chapter 3317. of the Revised Code. The first	34082
priority of these appropriation items, with the exception of	34083
specific set-asides, is to fund state formula aid obligations	34084
under Chapter 3317. of the Revised Code. It may be necessary to	34085
reallocate funds among these appropriation items or use excess	34086
funds from other general revenue fund appropriation items in the	34087
Department of Education's budget in each fiscal year, in order to	34088
meet state formula aid obligations. If it is determined that it is	34089
necessary to transfer funds among these appropriation items or to	34090
transfer funds from other General Revenue Fund appropriations in	34091
the Department of Education's budget to meet state formula aid	34092
obligations, the Department of Education shall seek approval from	34093
the Controlling Board to transfer funds as needed.	34094

Sec. 269.40.50. START-UP FUNDS

34095

Funds appropriated for the purpose of providing start-up	34096
grants to Title IV-A Head Start and Title IV-A Head Start Plus	34097
agencies in fiscal year 2004 and fiscal year 2005 for the	34098
provision of services to children eligible for Title IV-A services	34099
under the Title IV-A Head Start or Title IV-A Head Start Plus	34100
programs shall be reimbursed to the General Revenue Fund as	34101
follows:	34102

(A) If, for fiscal year 2008, an entity that was a Title IV-A	34103
Head Start or Title IV-A Head Start Plus agency will not be an	34104
early learning agency or early learning provider, the entity shall	34105
repay the entire amount of the start-up grant it received in	34106
fiscal year 2004 and fiscal year 2005 not later than June 30,	34107
~~2009~~2019, in accordance with a payment schedule agreed to by the	34108
Department of Education.	34109

(B) If an entity that was a Title IV-A Head Start or Title	34110
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	34111
2005 will be an early learning agency or early learning provider	34112
in fiscal year 2008 and fiscal year 2009, the entity shall be	34113
allowed to retain any amount of the start-up grant it received,	34114
unless division (D) of this section applies to the entity. In that	34115
case, the entity shall repay the entire amount of the obligation	34116
described in that division not later than June 30, 2019.	34117

(C) Within ninety days after ~~the effective date of this~~	34118
~~section~~the effective date of this amendment, the Title IV-A Head	34119
Start agencies, Title IV-A Head Start Plus agencies, and the	34120
Department of Education shall determine the repayment schedule	34121
for amounts owed under division (A) of this section. These	34122
amounts shall be paid to the state not later than June 30, ~~2009~~	34123
2019.	34124

(D) If an entity that was a Title IV-A Head Start or Title	34125
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	34126
2005 owed the state any portion of the start-up grant amount	34127
during fiscal year 2006 or fiscal year 2007 but failed to repay	34128
the entire amount of the obligation by June 30, 2007, the entity	34129
shall be given an extension for repayment through June 30, ~~2009~~	34130
2019, before any amounts remaining due and payable to the state	34131
are referred to the Attorney General for collection under section	34132
131.02 of the Revised Code.	34133

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	34134
start-up grants that are retained by early learning agencies or	34135
early learning providers pursuant to this section shall be	34136
reimbursed to the General Revenue Fund when the early learning	34137
program ceases or is no longer funded from Title IV-A or if an	34138
early learning agency's or early learning provider's participation	34139
in the early learning program ceases or is terminated.	34140

Sec. 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

34141

(A) As used in this section:

34142

(1) "Internet- or computer-based community school" has the	34143
same meaning as in section 3314.02 of the Revised Code.	34144

(2) "Service center ADM" has the same meaning as in section	34145
3317.11 of the Revised Code.	34146

(3) "STEM school" means a science, technology, engineering,	34147
and mathematics school established under Chapter 3326. of the	34148
Revised Code.	34149

(B) Notwithstanding division (F) of section 3317.11 of the	34150
Revised Code, no funds shall be provided under that division to an	34151
educational service center in either fiscal year for any pupils of	34152
a city or exempted village school district unless an agreement to	34153
provide services under section 3313.843 of the Revised Code was	34154
entered into by January 1, 1997, except that funds shall be	34155
provided to an educational service center for any pupils of a city	34156
school district if the agreement to provide services was entered	34157
into within one year of the date upon which such district changed	34158
from a local school district to a city school district.	34159

If an educational service center that entered into an	34160
agreement by January 1, 1997, with a city or exempted village	34161
school district to provide services under section 3313.843 of the	34162
Revised Code ceases to operate because all of the local school	34163
districts that constituted the territory of the service center	34164
have severed from the service center pursuant to section 3311.059	34165
of the Revised Code, another educational service center, by	34166
resolution of its governing board, may assume the obligations of	34167
the original service center to provide services to the city or	34168
exempted village school district under that agreement in fiscal	34169
year 2009. If that other service center assumes those obligations	34170
to provide services to the city or exempted village school	34171
district, that service center shall be considered to be the	34172
service center that entered into the agreement by January 1, 1997,	34173
and, accordingly, may receive funds under division (F) of section	34174
3317.11 of the Revised Code in accordance with this section in	34175
fiscal year 2009 for pupils of that city or exempted village	34176
school district.	34177

(C) Notwithstanding any provision of the Revised Code to the	34178
contrary, an educational service center that sponsors a community	34179
school under Chapter 3314. of the Revised Code in either fiscal	34180
year may include the students of that community school in its	34181
service center ADM for purposes of state funding under division	34182
(F) of section 3317.11 of the Revised Code, unless the community	34183
school is an Internet- or computer-based community school. A	34184
service center shall include the community school students in its	34185
service center ADM only to the extent that the students are not	34186
already so included, and only in accordance with guidelines issued	34187
by the Department of Education. If the students of a community	34188
school sponsored by an educational service center are included in	34189
the service center ADM of another educational service center,	34190
those students shall be removed from the service center ADM of the	34191
other educational service center and added to the service center	34192
ADM of the community school's sponsoring service center. The	34193
General Assembly authorizes this procedure as an incentive for	34194
educational service centers to take over sponsorship of community	34195
schools from the State Board of Education as the State Board's	34196
sponsorship is phased out in accordance with Sub. H.B. 364 of the	34197
124th General Assembly. No student of an Internet- or	34198
computer-based community school shall be counted in the service	34199
center ADM of any educational service center. The Department shall	34200
pay educational service centers under division (F) of section	34201
3317.11 of the Revised Code for community school students included	34202
in their service center ADMs under this division only if	34203
sufficient funds earmarked within appropriation item 200-550,	34204
Foundation Funding, for payments under that division remain after	34205
first paying for students attributable to their local and client	34206
school districts, in accordance with divisions (B) and ~~(D)~~(E) of	34207
this section.	34208

(D) Notwithstanding division (C) of section 3326.45 of the	34209
Revised Code, the Department shall pay educational service	34210
centers under division (H) of section 3317.11 of the Revised	34211
Code for services provided to STEM schools only if sufficient	34212
funds earmarked within appropriation item 200-550, Foundation	34213
Funding, for payments under that division remain after first	34214
paying for students attributable to the local and client school	34215
districts of the service centers and for community school	34216
students in their service center ADMs, in accordance with	34217
divisions (B), (C), and (E) of this section.	34218

(E) If insufficient funds are earmarked within appropriation	34219
item 200-550, Foundation Funding, for payments under ~~division~~	34220
divisions (F) and (H) of section 3317.11 of the Revised Code and	34221
division (C) of this section in fiscal year 2008 or fiscal year	34222
2009, the Department shall prioritize the distribution of the	34223
earmarked funds as follows:	34224

(1) The Department shall first distribute to each educational	34225
service center the per-student amount specified in division (F) of	34226
section 3317.11 of the Revised Code for each student in its	34227
service center ADM attributable to the local school districts	34228
within the service center's territory.	34229

(2) The Department shall distribute the remaining funds in	34230
each fiscal year to each educational service center for the	34231
students in its service center ADM attributable to each city and	34232
exempted village school district that had entered into an	34233
agreement with an educational service center for that fiscal year	34234
under section 3313.843 of the Revised Code by January 1, 1997, up	34235
to the per-student amount specified in division (F) of section	34236
3317.11 of the Revised Code. If insufficient funds remain to pay	34237
each service center the full amount specified in division (F) of	34238
that section for each such student, the Department shall	34239
distribute the remaining funds to each service center	34240
proportionally, on a per-student basis for each such student,	34241
unless that proportional per-student amount exceeds the amount	34242
specified in division (F)(1) of that section. In that case, the	34243
Department shall distribute the per-student amount specified in	34244
division (F)(1) of that section to each service center for each	34245
such student and shall distribute the remainder proportionally, on	34246
a per-student basis for each such student, to the multi-county	34247
service centers described in division (F)(2) of that section.	34248

(3) If the Department has paid each service center under	34249
divisions ~~(D)~~(E)(1) and (2) of this section, the full amount	34250
specified in division (F) of section 3317.11 of the Revised Code	34251
for each student attributable to its local school districts and	34252
its client school districts described in division ~~(D)~~(E)(2) of	34253
this section the Department shall distribute any remaining funds	34254
proportionally, on a per-student basis, to each service center	34255
that sponsors a community school, other than an Internet- or	34256
computer-based community school, for the students included in the	34257
service center ADM under division (C) of this section. These	34258
payments shall not exceed per student the amount specified in	34259
division (F) of section 3317.11 of the Revised Code.	34260

(4) If the Department has paid each educational service	34261
center that sponsors a community school, other than an Internet-	34262
or computer-based community school, the full amount specified in	34263
division (F) of section 3317.11 of the Revised Code for each	34264
community school student included in the service center ADM under	34265
division (C) of this section, the Department shall distribute any	34266
remaining funds to each service center that is owed money under	34267
division (H) of section 3317.11 of the Revised Code for services	34268
provided to a STEM school. If insufficient funds remain to pay	34269
each service center the full amount calculated for it under	34270
division (H) of section 3317.11 of the Revised Code, the	34271
Department shall distribute the remaining funds proportionally, on	34272
a per-student basis, to each service center owed money under that	34273
division, unless that proportional per-student amount exceeds the	34274
per-student amount specified in any service center's contract	34275
entered into under section 3326.45 of the Revised Code. In that	34276
case, the Department shall distribute the lowest per-student	34277
amount specified in the service center contracts entered into	34278
under that section to each service center owed money under	34279
division (H) of section 3317.11 of the Revised Code and shall	34280
distribute the remainder proportionally, on a per-student basis,	34281
to service centers with contracts under section 3326.45 of the	34282
Revised Code that specify higher per-student amounts, but in no	34283
case shall the payments to any service center exceed the	34284
per-student amount specified in the service center's contract with	34285
the STEM school.	34286

Sec. 275.10. PAY EMPLOYEE BENEFITS FUNDS

34287

Accrued Leave Liability Fund Group	34288

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	34289
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	34290
TOTAL ALF Accrued Leave Liability							34291
Fund Group			$	109,689,273	$	115,348,625	34292

Agency Fund Group	34293

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	34294
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	34295
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	34296
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	34297
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	34298
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	34299
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	34300

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

34301

ACCRUED LEAVE LIABILITY FUND

34302

The foregoing appropriation item 995-666, Accrued Leave Fund,	34303
shall be used to make payments from the Accrued Leave Liability	34304
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	34305
If it is determined by the Director of Budget and Management that	34306
additional amounts are necessary, the amounts are appropriated.	34307

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

34308

The foregoing appropriation item 995-667, Disability Fund,	34309
shall be used to make payments from the State Employee Disability	34310
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	34311
Revised Code. If it is determined by the Director of Budget and	34312
Management that additional amounts are necessary, the amounts are	34313
appropriated.	34314

PAYROLL WITHHOLDING FUND

34315

The foregoing appropriation item 995-673, Payroll Deductions,	34316
shall be used to make payments from the Payroll Withholding Fund	34317
(Fund 124). If it is determined by the Director of Budget and	34318
Management that additional appropriation amounts are necessary,	34319
such amounts are hereby appropriated.	34320

STATE EMPLOYEE HEALTH BENEFIT FUND

34321

The foregoing appropriation item 995-668, State Employee	34322
Health Benefit Fund, shall be used to make payments from the State	34323
Employee Health Benefit Fund (Fund 808), pursuant to section	34324
124.87 of the Revised Code. If it is determined by the Director of	34325
Budget and Management that additional amounts are necessary, the	34326
amounts are appropriated.	34327

DEPENDENT CARE SPENDING ACCOUNT

34328

The foregoing appropriation item 995-669, Dependent Care	34329
Spending Account, shall be used to make payments from the	34330
Dependent Care Spending Account (Fund 809) to employees eligible	34331
for dependent care expenses. If it is determined by the Director	34332
of Budget and Management that additional amounts are necessary,	34333
the amounts are appropriated.	34334

LIFE INSURANCE INVESTMENT FUND

34335

The foregoing appropriation item 995-670, Life Insurance	34336
Investment Fund, shall be used to make payments from the Life	34337
Insurance Investment Fund (Fund 810) for the costs and expenses of	34338
the state's life insurance benefit program pursuant to section	34339
125.212 of the Revised Code. If it is determined by the Director	34340
of Budget and Management that additional amounts are necessary,	34341
the amounts are appropriated.	34342

PARENTAL LEAVE BENEFIT FUND

34343

The foregoing appropriation item 995-671, Parental Leave	34344
Benefit Fund, shall be used to make payments from the Parental	34345
Leave Benefit Fund (Fund 811) to employees eligible for parental	34346
leave benefits pursuant to section 124.137 of the Revised Code. If	34347
it is determined by the Director of Budget and Management that	34348
additional amounts are necessary, the amounts are appropriated.	34349

HEALTH CARE SPENDING ACCOUNT

34350

There is hereby established in the State Treasury the Health	34351
Care Spending Account Fund (Fund 813). The foregoing appropriation	34352
item 995-672, Health Care Spending Account, shall be used to make	34353
payments from the fund. The fund shall be under the supervision of	34354
the Department of Administrative Services and shall be used to	34355
make payments pursuant to state employees' participation in a	34356
flexible spending account for non-reimbursed health care expenses	34357
and pursuant to Section 125 of the Internal Revenue Code. All	34358
income derived from the investment of the fund shall accrue to the	34359
fund. If it is determined by the Director of Administrative	34360
Services that additional appropriation amounts are necessary, the	34361
Director of Administrative Services may request that the Director	34362
of Budget and Management increase such amounts. Such amounts are	34363
hereby appropriated.	34364

At the request of the Director of Administrative Services,	34365
the Director of Budget and Management shall transfer up to	34366
$145,000 from the General Revenue Fund to the Health Care Spending	34367
Account Fund during fiscal years 2008 and 2009. This cash shall be	34368
transferred as needed to provide adequate cash flow for the Health	34369
Care Spending Account Fund during fiscal year 2008 and fiscal year	34370
2009. If funds are available at the end of fiscal years 2008 and	34371
2009, the Director of Budget and Management shall transfer cash up	34372
to the amount previously transferred in the respective year, plus	34373
interest income, back from the Health Care Spending Account (Fund	34374
813) to the General Revenue Fund.	34375

CASH TRANSFER TO ACCRUED LEAVE FUND

34376

The Director of Budget and Management may transfer	34377
$100,080.79 in cash from the Dependent Care Spending Account Fund	34378
(Fund 809) to the Accrued Leave Fund (Fund 806) to correct an	34379
intrastate transfer voucher from the Department of Natural	34380
Resources that was mistakenly deposited into the Dependent Care	34381
Spending Account Fund.	34382

Sec. 293.10. DOH DEPARTMENT OF HEALTH

34383

General Revenue Fund	34384

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	34385
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	34386
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	34387
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	34388
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	34389
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	34390
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	34391
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	34392
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	34393
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	34394
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	34395
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	34396
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	34397
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	34398
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	34399
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	34400
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	34401
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	34402
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	34403
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	34404

General Services Fund Group	34405

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	34406
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	34407
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	34408
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	34409
698	440-634	Nurse Aide Training	$	170,000	$	170,000	34410
TOTAL GSF General Services							34411
Fund Group			$	38,678,881	$	38,678,881	34412

Federal Special Revenue Fund Group	34413

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	34414
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	34415
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	34416
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	34417
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	34418
TOTAL FED Federal Special Revenue							34419
Fund Group			$	430,199,919	$	430,199,919	34420

State Special Revenue Fund Group	34421

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	34422
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	34423
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	34424
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	34425
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	34426
4P4	440-628	Ohio Physician Loan Repayment	$	0	$	476,870	34427
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	34428
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	34429
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	34430
471	440-619	Certificate of Need	$	869,000	$	898,000	34431
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	34432
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	34433
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	34434
5CN	440-645	Choose Life	$	75,000	$	75,000	34435
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	34436
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	34437
5EC	440-650	Health Emergency	$	15,312,500	$	0	34438
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	34439
5G4	440-639	Adoption Services	$	20,000	$	20,000	34440
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	34441
5Z7	440-624	Ohio Dental Loan Repayment	$	0	$	140,000	34442
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	34443
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	34444
TOTAL SSR State Special Revenue							34445
Fund Group			$	74,910,263	$	~~57,569,973~~ 58,186,843	34446

Holding Account Redistribution Fund Group	34447

R14	440-631	Vital Statistics	$	70,000	$	70,000	34448
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	34449
TOTAL 090 Holding Account							34450
Redistribution Fund Group			$	90,000	$	90,000	34451
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	~~614,409,857~~ 615,026,727	34452

Sec. 299.10. OHS OHIO HISTORICAL SOCIETY

34454

General Revenue Fund	34455

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	34456
GRF	360-502	Site and Museum Operations	$	8,501,781	$	~~8,501,788~~ 8,357,176	34457
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	34458
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	34459
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	34460
GRF	360-508	State Historical Grants	$	853,000	$	775,000	34461
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	34462
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	~~14,610,628~~ 14,466,016	34463

SUBSIDY APPROPRIATION

34464

Upon approval by the Director of Budget and Management, the	34465
foregoing appropriation items shall be released to the Ohio	34466
Historical Society in quarterly amounts that in total do not	34467
exceed the annual appropriations. The funds and fiscal records of	34468
the society for fiscal years 2008 and 2009 shall be examined by	34469
independent certified public accountants approved by the Auditor	34470
of State, and a copy of the audited financial statements shall be	34471
filed with the Office of Budget and Management. The society shall	34472
prepare and submit to the Office of Budget and Management the	34473
following:	34474

(A) An estimated operating budget for each fiscal year of the	34475
biennium. The operating budget shall be submitted at or near the	34476
beginning of each calendar year.	34477

(B) Financial reports, indicating actual receipts and	34478
expenditures for the fiscal year to date. These reports shall be	34479
filed at least semiannually during the fiscal biennium.	34480

The foregoing appropriations shall be considered to be the	34481
contractual consideration provided by the state to support the	34482
state's offer to contract with the Ohio Historical Society under	34483
section 149.30 of the Revised Code.	34484

STATE ARCHIVES

34485

Of the foregoing appropriation item 360-501, Operating	34486
Subsidy, $300,000 in each fiscal year shall be used for the State	34487
Archives, Library, and Artifact Collections program.	34488

HAYES PRESIDENTIAL CENTER

34489

If a United States government agency, including, but not	34490
limited to, the National Park Service, chooses to take over the	34491
operations or maintenance of the Hayes Presidential Center, in	34492
whole or in part, the Ohio Historical Society shall make	34493
arrangements with the National Park Service or other United States	34494
government agency for the efficient transfer of operations or	34495
maintenance.	34496

HISTORICAL GRANTS

34497

Of the foregoing appropriation item 360-508, State Historical	34498
Grants, $60,000 in fiscal year 2008 shall be distributed to the	34499
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	34500
distributed to the Center for Holocaust and Humanity Education	34501
located at the Hebrew Union College-Jewish Institute of Religion	34502
in Cincinnati, $350,000 in each fiscal year shall be distributed	34503
to the Western Reserve Historical Society, $350,000 in each fiscal	34504
year shall be distributed to the Cincinnati Museum Center, and up	34505
to $18,000 in fiscal year 2008 shall be distributed to the	34506
Muskingum River Underground Railroad Historic Marker Project.	34507

PROCESSING FEES

34508

The Ohio Historical Society shall not charge or retain an	34509
administrative, service, or processing fee for distributing money	34510
that the General Assembly appropriates to the Society for grants	34511
or subsidies that the Society provides to other entities for their	34512
site-related programs.	34513

TRANSFER FOR STATEHOUSE TOURS AND EDUCATION

34514

On June 1, 2008, or as soon as possible thereafter, the	34515
Director of Budget and Management shall transfer $12,297 cash from	34516
GRF appropriation item 360-502, Site and Museum Operations, to the	34517
Statehouse Gift Shop/Events Fund (Fund 4S70) in the Capitol Square	34518
Review and Advisory Board to support Statehouse tours and	34519
education staff.	34520

Sec. 307.10. INS DEPARTMENT OF INSURANCE

34521

Federal Special Revenue Fund Group	34522

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	34523
TOTAL FED Federal Special							34524
Revenue Fund Group			$	1,100,000	$	1,100,000	34525

State Special Revenue Fund Group	34526

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	34527
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	34528
555	820-605	Examination	$	7,639,581	$	7,868,768	34529
5AG	820-603	Ohio Family Health Survey	$	0	$	1,500,000	34530
TOTAL SSR State Special Revenue							34531
Fund Group			$	31,543,567	$	~~32,240,834~~ 33,740,834	34532
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	~~33,340,834~~ 34,840,834	34533

MARKET CONDUCT EXAMINATION

34534

When conducting a market conduct examination of any insurer	34535
doing business in this state, the Superintendent of Insurance may	34536
assess the costs of the examination against the insurer. The	34537
superintendent may enter into consent agreements to impose	34538
administrative assessments or fines for conduct discovered that	34539
may be violations of statutes or rules administered by the	34540
superintendent. All costs, assessments, or fines collected shall	34541
be deposited to the credit of the Department of Insurance	34542
Operating Fund (Fund 554).	34543

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

34544

The Director of Budget and Management, at the request of the	34545
Superintendent of Insurance, may transfer funds from the	34546
Department of Insurance Operating Fund (Fund 554), established by	34547
section 3901.021 of the Revised Code, to the Superintendent's	34548
Examination Fund (Fund 555), established by section 3901.071 of	34549
the Revised Code, only for expenses incurred in examining domestic	34550
fraternal benefit societies as required by section 3921.28 of the	34551
Revised Code.	34552

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

34553

Not later than the thirty-first day of July each fiscal year,	34554
the Director of Budget and Management shall transfer $5,000,000	34555
from the Department of Insurance Operating Fund to the General	34556
Revenue Fund.	34557

OHIO FAMILY HEALTH SURVEY

34558

Notwithstanding section 3929.682 of the Revised Code, the	34559
foregoing appropriation item 820-603, Ohio Family Health Survey,	34560
shall be used for the Ohio Family Health Survey.	34561

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

34562

General Revenue Fund	34563

GRF	600-321	Support Services					34564
		State	$	50,785,978	$	52,571,413	34565
		Federal	$	10,460,286	$	11,290,237	34566
		Support Services Total	$	61,246,264	$	63,861,650	34567
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	34568
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	34569
GRF	600-416	Computer Projects					34570
		State	$	115,383,181	$	116,419,033	34571
		Federal	$	21,488,920	$	21,192,117	34572
		Computer Projects Total	$	136,872,101	$	137,611,150	34573
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	34574
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	34575
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	34576
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	34577
GRF	600-425	Office of Ohio Health Plans					34578
		State	$	22,500,000	$	22,500,000	34579
		Federal	$	23,324,848	$	23,418,368	34580
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	34581
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	34582
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	34583
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	34584
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	34585
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	34586
GRF	600-525	Health Care/Medicaid					34587
		State	$	3,371,917,993	$	~~3,603,598,928~~ 3,673,819,292	34588
		Federal	$	5,173,236,576	$	~~5,736,989,273~~ 5,865,064,895	34589
		Health Care Total	$	8,545,154,569	$	~~9,340,588,201~~ 9,538,884,187	34590
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	34591
GRF	600-528	Adoption Services					34592
		State	$	37,520,466	$	43,978,301	34593
		Federal	$	41,304,043	$	49,196,065	34594
		Adoption Services Total	$	78,824,509	$	93,174,366	34595
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	34596
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	34597
TOTAL GRF General Revenue Fund							34598
		State	$	4,497,808,772	$	~~4,754,783,496~~ 4,825,003,860	34599
		Federal	$	5,269,814,673	$	~~5,842,086,060~~ 5,970,161,682	34600
		GRF Total	$	9,767,623,445	$	~~10,596,869,556~~ 10,795,165,542	34601

General Services Fund Group	34602

4A8	600-658	Child Support Collections	$	26,680,794	$	~~26,680,794~~ 31,929,211	34603
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	34604
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	34605
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	34606
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	~~56,296,844~~ 76,296,844	34607
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	34608
5P5	600-692	Health Care Services	$	93,000,000	$	~~62,000,000~~ 82,000,000	34609
613	600-645	Training Activities	$	135,000	$	135,000	34610
TOTAL GSF General Services							34611
Fund Group			$	463,594,635	$	~~448,936,964~~ 494,185,381	34612

Federal Special Revenue Fund Group	34613

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	34614
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	34615
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	34616
3F0	600-623	Health Care Federal	$	1,209,188,383	$	~~1,211,196,561~~ 1,280,775,536	34617
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	34618
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	34619
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	34620
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	34621
3S5	600-622	Child Support Projects	$	534,050	$	534,050	34622
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	34623
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	34624
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	34625
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	34626
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	34627
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	34628
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	34629
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	34630
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	34631
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	34632
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	34633
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	34634
397	600-626	Child Support	$	303,661,307	$	303,538,962	34635
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	34636
TOTAL FED Federal Special Revenue							34637
Fund Group			$	5,841,238,957	$	~~5,926,277,119~~ 5,995,856,094	34638

State Special Revenue Fund Group	34639

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	34640
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	34641
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	34642
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	34643
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	34644
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	34645
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	34646
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	~~19,332,437~~ 23,292,437	34647
4R3	600-687	Banking Fees	$	800,000	$	800,000	34648
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	34649
5AJ0	600-631	Money Follows the Person	$	0	$	4,400,000	34650
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	34651
5ES	600-630	Food Assistance	$	500,000	$	500,000	34652
5F2	600-667	Building Consolidation	$	250,000	$	250,000	34653
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	34654
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	34655
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	34656
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	34657
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	34658
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	34659
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	34660
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	34661
TOTAL SSR State Special Revenue							34662
Fund Group			$	590,002,192	$	~~592,160,540~~ 600,520,540	34663

Agency Fund Group	34664

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	34665
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	34666
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	34667
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	34668

Holding Account Redistribution Fund Group	34669

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	34670
R13	600-644	Forgery Collections	$	10,000	$	10,000	34671
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	34672
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	~~17,695,854,179~~ 18,017,337,557	34673

BUDGET STABILIZATION FUND TRANSFER FOR MEDICAID

34674

Notwithstanding section 127.14 of the Revised Code, if the	34675
Director of Budget and Management determines that additional	34676
appropriations are needed to fund the Medicaid program, the	34677
Director may, with Controlling Board approval, transfer up to	34678
$63,333,420 cash in fiscal year 2009 from the Budget Stabilization	34679
Fund to the General Revenue Fund. Upon approval from the	34680
Controlling Board, the Director of Budget and Management shall	34681
transfer the approved amounts of cash, increase the state share of	34682
appropriations to line item 600-525, Health Care/Medicaid, and	34683
adjust the federal share accordingly. Any such transfers and	34684
adjustments are hereby appropriated.	34685

Sec. 309.30.13. CHILDREN'S HOSPITALS

34686

(A) As used in this section:

34687

"Children's hospital" means a hospital that primarily serves	34688
patients eighteen years of age and younger and is excluded from	34689
Medicare prospective payment in accordance with 42 C.F.R.	34690
412.23(d).	34691

"Medicaid inpatient cost-to-charge ratio" means the historic	34692
Medicaid inpatient cost-to-charge ratio applicable to a hospital	34693
as described in rules adopted by the Director of Job and Family	34694
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	34695
Administrative Code.	34696

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	34697
the Administrative Code and except as provided in division (C) of	34698
this section, the Director of Job and Family Services shall pay a	34699
children's hospital that meets the criteria in paragraphs (E)(1)	34700
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	34701
cost outlier claim made in fiscal years 2008 and 2009, an amount	34702
that is the product of the hospital's allowable charges and the	34703
hospital's Medicaid inpatient cost-to-charge ratio.	34704

(C) The Director of Job and Family Services shall cease	34705
paying a children's hospital for a cost outlier claim under the	34706
methodology in division (B) of this section and revert to paying	34707
the hospital for such a claim according to methodology in	34708
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	34709
Administrative Code, as applicable, when the difference between	34710
the total amount the Director has paid according to the	34711
methodology in division (B) of this section for such claims and	34712
the total amount the Director would have paid according to the	34713
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	34714
the Administrative Code, as the applicable paragraph existed on	34715
June 30, 2007, for such claims, exceeds the sum of the state funds	34716
and corresponding federal match earmarked in division (F) of this	34717
section and reappropriated in division (G) of this section for the	34718
applicable fiscal year.	34719

(D) The Director of Job and Family Services shall make	34720
supplemental Medicaid payments to hospitals for inpatient services	34721
under a program modeled after the program the Department of Job	34722
and Family Services was required to create for fiscal years 2006	34723
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	34724
General Assembly if the difference between the total amount the	34725
Director has paid according to the methodology in division (B) of	34726
this section for cost outlier claims and the total amount the	34727
Director would have paid according to the methodology in paragraph	34728
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	34729
for such claims, as the applicable paragraph existed on June 30,	34730
2007, does not require the expenditure of all state and federal	34731
funds earmarked in division (F) of this section for the applicable	34732
fiscal year.	34733

(E) The Director of Job and Family Services shall not adopt,	34734
amend, or rescind any rules that would result in decreasing the	34735
amount paid to children's hospitals under division (B) of this	34736
section for cost outlier claims.	34737

(F) Of the foregoing appropriation item, 600-525, Health	34738
Care/Medicaid, up to $6 million (state share) in each fiscal year	34739
plus the corresponding federal match, if available, shall be used	34740
by the Department to pay the amounts described in division (B) of	34741
this section.	34742

(G) The unencumbered balance of the $6 million in division	34743
(F) of this section at the end of fiscal year 2008 is hereby	34744
reappropriated to appropriation item 600-525, Health	34745
Care/Medicaid, for fiscal year 2009 to be used by the Department	34746
to pay the amounts described in division (B) of this section. The	34747
Director of Budget and Management shall increase the state share	34748
of appropriations in appropriation item 600-525, Health	34749
Care/Medicaid, by the amount of the unencumbered balance of the $6	34750
million, with a corresponding increase in the federal share. The	34751
Department shall expend, not later than June 30, 2009, the entire	34752
amount of the unencumbered balance of the $6 million	34753
reappropriated to appropriation item 600-525, Health	34754
Care/Medicaid, for fiscal year 2009 by this division, by the	34755
corresponding increase in the federal share, and the $6 million	34756
plus the corresponding federal match earmarked for fiscal year	34757
2009 by division (F) of this section to pay the amounts described	34758
in division (B) of this section.	34759

Sec. 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	34760
SYSTEM FOR NURSING FACILITIES	34761

(A) As used in this section:

34762

(1) "Capital costs," "cost of ownership," and "renovation"	34763
have the same meanings as in section 5111.20 of the Revised Code	34764
as that section existed on June 30, 2005.	34765

(2) "Fiscal year 2008 rate" means the rate a provider of a	34766
nursing facility is paid for nursing facility services the nursing	34767
facility provides on June 30, 2008.	34768

(3) "Franchise permit fee," "inpatient days," "Medicaid	34769
days," "nursing facility," and "provider" have the same meanings	34770
as in section 5111.20 of the Revised Code.	34771

(4) "Nursing facility services" means nursing facility	34772
services covered by the Medicaid program that a nursing facility	34773
provides to a resident of the nursing facility who is a Medicaid	34774
recipient eligible for Medicaid-covered nursing facility	34775
services.	34776

(5) "Reviewable activity" has the same meaning as in section	34777
3702.51 of the Revised Code.	34778

(6) "Type A nursing facility" means a nursing facility that	34779
qualifies for a per diem under Section 309.30.42 of Am. Sub. H.B.	34780
119 of the 127th General Assembly, as amended by this act and is	34781
not a type G nursing facility.	34782

(7) "Type B nursing facility" means a nursing facility to	34783
which both of the following apply:	34784

(a) Both of the following occurred during the last quarter of	34785
fiscal year 2008:	34786

(i) The facility obtained certification as a nursing facility	34787
from the Director of Health.	34788

(ii) The facility began participating in the Medicaid	34789
program.	34790

(b) An application for a certificate of need for the nursing	34791
facility was filed with the Director of Health before June 15,	34792
2005.	34793

(8) "Type C nursing facility" means a nursing facility to	34794
which all of the following apply:	34795

(a) The nursing facility is not a type B nursing facility.

34796

(b) The nursing facility, during the last quarter of fiscal	34797
year 2008, completed a capital project for which a certificate of	34798
need was filed with the Director of Health before June 15, 2005,	34799
and for which at least one of the following occurred before July	34800
1, 2005, or, if the capital project is undertaken to comply with	34801
rules adopted by the Public Health Council regarding resident room	34802
size or occupancy, before June 30, 2007:	34803

(i) Any materials or equipment for the capital project were	34804
delivered;	34805

(ii) Preparations for the physical site of the capital	34806
project, including, if applicable, excavation, began;	34807

(iii) Actual work on the capital project began.

34808

(c) The provider of the nursing facility files a three-month	34809
projected capital cost report for the nursing facility with the	34810
Director of Job and Family Services not later than ninety days	34811
after the date the capital project is completed.	34812

(9) "Type D nursing facility" means a nursing facility that,	34813
during the last quarter of fiscal year 2008, completed an activity	34814
to which all of the following apply:	34815

(a) A request was filed with the Director of Health before	34816
July 1, 2005, for a determination of whether the activity is a	34817
reviewable activity and the Director determined that the activity	34818
is not a reviewable activity.	34819

(b) At least one of the following occurred before July 1,	34820
2005, or, if the nursing facility undertakes the activity to	34821
comply with rules adopted by the Public Health Council regarding	34822
resident room size or occupancy, before June 30, 2007:	34823

(i) Any materials or equipment for the activity were	34824
delivered.	34825

(ii) Preparations for the physical site of the activity,	34826
including, if applicable, excavation, began.	34827

(iii) Actual work on the activity began.

34828

(c) The provider of the nursing facility files a three-month	34829
projected capital cost report for the nursing facility with the	34830
Director of Job and Family Services not later than ninety days	34831
after the date the activity is completed.	34832

(10) "Type E nursing facility" means a nursing facility that,	34833
during the last quarter of fiscal year 2008, completed a	34834
renovation to which all of the following apply:	34835

(a) The Director of Job and Family Services approved the	34836
renovation before July 1, 2005.	34837

(b) At least one of the following occurred before July 1,	34838
2005, or, if the nursing facility undertakes the renovation to	34839
comply with rules adopted by the Public Health Council regarding	34840
resident room size or occupancy, before June 30, 2007:	34841

(i) Any materials or equipment for the renovation were	34842
delivered.	34843

(ii) Preparations for the physical site of the renovation,	34844
including, if applicable, excavation, began.	34845

(iii) Actual work on the renovation began.

34846

(c) The provider of the nursing facility files a three-month	34847
projected capital cost report for the nursing facility with the	34848
Director of Job and Family Services not later than ninety days	34849
after the date the renovation is completed.	34850

(11) "Type F nursing facility" means a nursing facility to	34851
which all of the following apply:	34852

(a) The nursing facility, during either the first or second	34853
quarter of fiscal year 2009, completed a capital project for which	34854
the Director of Health approved a certificate of need on December	34855
22, 2003.	34856

(b) The nursing facility has one hundred ninety-two beds.

34857

(c) The provider of the nursing facility files a three-month	34858
projected capital cost report for the nursing facility with the	34859
Director of Job and Family Services not later than ninety days	34860
after the date the capital project is completed.	34861

(12) "Type G nursing facility" means a new nursing facility	34862
to which all of the following apply:	34863

(a) The provider of the new nursing facility is a nonprofit	34864
corporation exempt from federal income taxation.	34865

(b) The provider of the new nursing facility received a	34866
certificate of need from the Director of Health before June 15,	34867
2005, to construct the new nursing facility.	34868

(c) The new nursing facility began participation in the	34869
Medicaid program during fiscal year 2006.	34870

(d) The new nursing facility replaced an older nursing	34871
facility that provided nursing facility services on the date	34872
immediately before the date the new nursing facility began	34873
participation in the Medicaid program.	34874

(e) The new nursing facility is located on the same campus as	34875
the older nursing facility that the new nursing facility replaced.	34876

(B) Except as otherwise provided by this section, the	34877
provider of a nursing facility that has a valid Medicaid provider	34878
agreement on June 30, 2008, and a valid Medicaid provider	34879
agreement during fiscal year 2009 shall be paid, for nursing	34880
facility services the nursing facility provides during fiscal year	34881
2009, the rate calculated for the nursing facility under sections	34882
5111.20 to 5111.33 of the Revised Code with the following	34883
adjustments:	34884

(1) The cost per case mix-unit calculated under section	34885
5111.231 of the Revised Code, the rate for ancillary and support	34886
costs calculated under section 5111.24 of the Revised Code, the	34887
rate for capital costs calculated under section 5111.25 of the	34888
Revised Code, and the rate for tax costs calculated under section	34889
5111.242 of the Revised Code shall each be adjusted as follows:	34890

(a) Increase the cost and rates so calculated by two per	34891
cent;	34892

(b) Increase the cost and rates determined under division	34893
(B)(1)(a) of this section by two per cent;	34894

(c) Increase the cost and rates determined under division	34895
(B)(1)(b) of this section by one per cent.	34896

(2) The mean payment used in the calculation of the quality	34897
incentive payment made under section 5111.244 of the Revised Code	34898
shall be, weighted by Medicaid days, three dollars and three cents	34899
per Medicaid day.	34900

(C) IfExcept as provided in division (F) of this section, if	34901
the rate determined for a nursing facility under division (B) of	34902
this section for nursing facility services provided during fiscal	34903
year 2009 is more than one hundred two and seventy-five	34904
hundredths per cent of the sum of the nursing facility's fiscal	34905
year 2008 rate ~~the provider is paid for nursing facility~~	34906
~~services the nursing facility provides on June 30, 2008~~and the	34907
amount specified in division (D) of this section, the Department	34908
of Job and Family Services shall reduce the nursing	34909
facility's fiscal year 2009 rate so that the rate is not more	34910
than one hundred two and seventy-five hundredths per cent of	34911
~~the nursing facility's rate for June 30, 2008~~that sum. If	34912
Except as provided in division (F) of this section, if the rate	34913
determined for a nursing facility under division (B) of this	34914
section for nursing facility services provided during fiscal	34915
year 2009 is less than the sum of the nursing facility's	34916
fiscal year 2008 rate ~~the provider is paid for nursing~~	34917
~~facility services the nursing facility provides on June 30,~~	34918
~~2008~~and the amount specified in division (D) of this section,	34919
the Department shall increase the nursing facility's fiscal	34920
year 2009 rate so that the rate is not less than ~~the nursing~~	34921
~~facility's rate for June 30, 2008~~that sum.	34922

(D) Subject to division (E) of this section, the following	34923
amount shall be added to a nursing facility's fiscal year 2008	34924
rate for the purpose of determining the ceiling and floor under	34925
division (C) of this section:	34926

(1) If the nursing facility is a type A nursing facility, the	34927
amount of the per diem for which the nursing facility qualifies	34928
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th General	34929
Assembly, as amended by this act;	34930

(2) If the nursing facility is a type B nursing facility, the	34931
amount that is the difference between the capital costs portion of	34932
the nursing facility's initial rate established under section	34933
5111.254 of the Revised Code and the lesser of the following:	34934

(a) Eighty-eight and sixty-five hundredths per cent of the	34935
nursing facility's cost of ownership as reported on its	34936
three-month projected capital cost report divided by the greater	34937
of the number of inpatient days the nursing facility is expected	34938
to have during the period covered by the projected capital cost	34939
report or the number of inpatient days the nursing facility would	34940
have during that period if the nursing facility's occupancy rate	34941
was eighty per cent;	34942

(b) The maximum capital per diem rate in effect for fiscal	34943
year 2005 for nursing facilities.	34944

(3) If the nursing facility is a type C nursing facility,	34945
type D nursing facility, or type F nursing facility, the amount	34946
that is the difference between the capital costs portion of the	34947
nursing facility's fiscal year 2008 rate and the lesser of the	34948
following:	34949

(a) Eighty-eight and sixty-five hundredths per cent of the	34950
nursing facility's cost of ownership as reported on its	34951
three-month projected capital cost report divided by the greater	34952
of the number of inpatient days the nursing facility is expected	34953
to have during the period covered by the projected capital cost	34954
report or the number of inpatient days the nursing facility would	34955
have during that period if the nursing facility's occupancy rate	34956
was ninety-five per cent;	34957

(b) The maximum capital per diem rate in effect for fiscal	34958
year 2005 for nursing facilities.	34959

(4) If the nursing facility is a type E nursing facility, the	34960
amount that is equal to eighty-five per cent of the nursing	34961
facility's capital costs for the renovation as reported on its	34962
three-month projected capital cost report divided by the greater	34963
of the number of inpatient days the nursing facility is expected	34964
to have during the period covered by the projected capital cost	34965
report or the number of inpatient days the nursing facility would	34966
have during that period if the nursing facility's occupancy rate	34967
was ninety-five per cent;	34968

(5) If the nursing facility is not a type A nursing facility,	34969
type B nursing facility, type C nursing facility, type D nursing	34970
facility, type E nursing facility, type F nursing facility, or	34971
type G nursing facility, zero.	34972

(E) The amount to be added to the fiscal year 2008 rate of a	34973
type A nursing facility, type B nursing facility, type C nursing	34974
facility, type D nursing facility, type E nursing facility, or	34975
type F nursing facility for the purpose of determining the ceiling	34976
and floor under division (C) of this section shall be zero until	34977
the later of the following:	34978

(1) July 1, 2008;

34979

(2) The first day of the month following the month in which	34980
the provider files the three-month projected capital cost report	34981
for the nursing facility with the Director of Job and Family	34982
Services.	34983

(F) Subject to division (G) of this section, if the rate	34984
determined for a type G nursing facility under division (B) of	34985
this section for nursing facility services provided during fiscal	34986
year 2009 is more than one hundred two and seventy-five	34987
hundredths per cent of the sum of the rate the provider was paid	34988
for nursing facility services that the older nursing facility the	34989
type G nursing facility replaced provided on July 1, 2005, and	34990
the amount of the per diem for which the type G nursing facility	34991
qualifies under Section 309.30.42 of Am. Sub. H.B. 119 of the	34992
127th General Assembly, as amended by this act, the Department of	34993
Job and Family Services shall reduce the type G nursing	34994
facility's fiscal year 2009 rate so that the rate is not more	34995
than one hundred two and seventy-five hundredths per cent of that	34996
sum. Subject to division (G) of this section, if the rate	34997
determined for a type G nursing facility under division (B) of	34998
this section for nursing facility services provided during fiscal	34999
year 2009 is less than ninety-eight per cent of the sum of the	35000
rate the provider was paid for nursing facility services that the	35001
older nursing facility the type G nursing facility replaced	35002
provided on July 1, 2005, and the amount of the per diem for which	35003
the type G nursing facility qualifies under Section 309.30.42 of	35004
Am. Sub. H.B. 119 of the 127th General Assembly, as amended by	35005
this act, the Department shall increase the qualified replacement	35006
nursing facility's fiscal year 2009 rate so that the rate is not	35007
less than ninety-eight per cent of that sum.	35008

(G) The amount to be added to the rate the provider of a type	35009
G nursing facility was paid for nursing facility services that the	35010
older nursing facility the type G nursing facility replaced	35011
provided on July 1, 2005, for the purpose of determining the	35012
ceiling and floor under division (F) of this section shall be zero	35013
rather than the amount of the per diem for which the type G	35014
nursing facility qualifies under Section 309.30.42 of Am. Sub.	35015
H.B. 119 of the 127th General Assembly, as amended by this act,	35016
until the later of the following:	35017

(1) July 1, 2008;

35018

(2) The first day of the month following the month in which	35019
the provider files the three-month projected capital cost report	35020
for the nursing facility with the Director of Job and Family	35021
Services.	35022

(H) If the United States Centers for Medicare and Medicaid	35023
Services requires that the franchise permit fee be reduced or	35024
eliminated, the Department of Job and Family Services shall reduce	35025
the amount it pays providers of nursing facility services under	35026
this section as necessary to reflect the loss to the state of the	35027
revenue and federal financial participation generated from the	35028
franchise permit fee.	35029

~~(E)~~(I) The Department of Job and Family Services shall follow	35030
this section in determining the rate to be paid to the provider of	35031
a nursing facility that has a valid Medicaid provider agreement on	35032
June 30, 2008, and a valid Medicaid provider agreement during	35033
fiscal year 2009 notwithstanding anything to the contrary in	35034
sections 5111.20 to 5111.33 of the Revised Code.	35035

(J) Not later than sixty days after the effective date of the	35036
amendments to this section, the Director of Job and Family	35037
Services shall submit an amendment to the state Medicaid plan to	35038
the United States Secretary of Health and Human Services as	35039
necessary to implement the amendments to this section. On receipt	35040
of the United States Secretary's approval of the amendment to the	35041
state Medicaid plan, the Director shall implement the amendments	35042
to this section retroactive to the effective date of the state	35043
Medicaid plan amendment.	35044

Sec. 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	35045
REIMBURSEMENT SYSTEM FOR ICFs/MR	35046

(A) As used in this section:

35047

"Intermediate care facility for the mentally retarded" has	35048
the same meaning as in section 5111.20 of the Revised Code.	35049

"Medicaid days" means all days during which a resident who is	35050
a Medicaid recipient occupies a bed in an intermediate care	35051
facility for the mentally retarded that is included in the	35052
facility's Medicaid-certified capacity. Therapeutic or hospital	35053
leave days for which payment is made under section 5111.33 of the	35054
Revised Code are considered Medicaid days proportionate to the	35055
percentage of the intermediate care facility for the mentally	35056
retarded's per resident per day rate paid for those days.	35057

"Per diem rate" means the per diem rate calculated pursuant	35058
to sections 5111.20 to 5111.33 of the Revised Code.	35059

(B) Notwithstanding sections 5111.20 to 5111.33 of the	35060
Revised Code, rates paid to intermediate care facilities for the	35061
mentally retarded under the Medicaid program shall be subject to	35062
the following limitations:	35063

(1) For fiscal year 2008, the mean total per diem rate for	35064
all intermediate care facilities for the mentally retarded in the	35065
state, weighted by May 2007 Medicaid days and calculated as of	35066
July 1, 2007, shall not exceed $266.14.	35067

(2) For fiscal year 2009, the mean total per diem rate for	35068
all intermediate care facilities for the mentally retarded in the	35069
state, weighted by May 2008 Medicaid days and calculated as of	35070
July 1, 2008, shall not exceed ~~$271.46~~$274.98.	35071

(3) If the mean total per diem rate for all intermediate care	35072
facilities for the mentally retarded in the state for fiscal year	35073
2008 or 2009, weighted by Medicaid days as specified in division	35074
(B)(1) or (2) of this section, as appropriate, and calculated as	35075
of the first day of July of the calendar year in which the fiscal	35076
year begins, exceeds the amount specified in division (B)(1) or	35077
(2) of this section, as applicable, the Department of Job and	35078
Family Services shall reduce the total per diem rate for each	35079
intermediate care facility for the mentally retarded in the state	35080
by a percentage that is equal to the percentage by which the mean	35081
total per diem rate exceeds the amount specified in division	35082
(B)(1) or (2) of this section for that fiscal year.	35083

(4) Subsequent to any reduction required by division (B)(3)	35084
of this section, the rate of an intermediate care facility for the	35085
mentally retarded shall not be subject to any adjustments	35086
authorized by sections 5111.20 to 5111.33 of the Revised Code	35087
during the remainder of the year.	35088

(C) Not later than September 30, 2008, the Director of Job	35089
and Family Services shall submit an amendment to the state	35090
Medicaid plan to the United States Secretary of Health and Human	35091
Services as necessary to implement the amendments to this section.	35092
On receipt of the United States Secretary's approval of the	35093
amendment to the state Medicaid plan, the Director shall implement	35094
the amendments to this section retroactive to the effective date	35095
of the state Medicaid plan amendment.	35096

Sec. 309.30.41. ADDITIONAL COMPENSATION FOR NURSING FACILITY	35097
CAPITAL COSTS	35098

The foregoing appropriation item 600-529, Capital	35099
Compensation Program, shall be used to make payments to nursing	35100
facilities under ~~the section of this act entitled "FISCAL YEARS~~	35101
~~2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES~~Section	35102
309.30.42 of Am. Sub. H.B. 119 of the 127th General Assembly."	35103

The unencumbered balance of appropriation item 600-529,	35104
Capital Compensation Program, at the end of fiscal year 2008 is	35105
hereby appropriated to appropriation item 600-525, Health	35106
Care/Medicaid, for fiscal year 2009 ~~for use under the same~~	35107
~~appropriation item~~. The Director of Budget and Management shall	35108
increase the state share of appropriations in appropriation item	35109
600-525, Health Care/Medicaid, by the amount of the unencumbered	35110
balance of appropriation item 600-529, Capital Compensation	35111
Program, with a corresponding increase in the federal share.	35112

Sec. 309.30.42. FISCAL ~~YEARS~~YEAR 2008 ~~AND 2009~~ PAYMENTS TO	35113
CERTAIN NURSING FACILITIES	35114

(A) As used in this section:

35115

"Capital costs," "cost of ownership," and "renovation" have	35116
the same meanings as in section 5111.20 of the Revised Code as	35117
that section existed on June 30, 2005.	35118

"Change of operator" has the same meaning as in section	35119
5111.65 of the Revised Code.	35120

"Inpatient days," "Medicaid days," and "nursing facility"	35121
have the same meanings as in section 5111.20 of the Revised Code.	35122

"Reviewable activity" has the same meaning as in section	35123
3702.51 of the Revised Code.	35124

(B) The following qualify for per diem payments under this	35125
section:	35126

(1) A nursing facility to which both of the following apply:

35127

(a) Both of the following occurred during fiscal year 2006,	35128
or 2007, or the first three quarters of fiscal year 2008:	35129

(i) The facility obtained certification as a nursing facility	35130
from the Director of Health.	35131

(ii) The facility began participating in the Medicaid	35132
program.	35133

(b) An application for a certificate of need for the nursing	35134
facility was filed with the Director of Health before June 15,	35135
2005.	35136

(2) A nursing facility to which all of the following apply:

35137

(a) The nursing facility does not qualify for a payment	35138
pursuant to division (B)(1) of this section.	35139

(b) The nursing facility, before ~~June 30~~March 31, 2008,	35140
completed a capital project for which a certificate of need was	35141
filed with the Director of Health before June 15, 2005, and for	35142
which at least one of the following occurred before July 1, 2005,	35143
or, if the capital project is undertaken to comply with rules	35144
adopted by the Public Health Council regarding resident room size	35145
or occupancy, before June 30, 2007:	35146

(i) Any materials or equipment for the capital project were	35147
delivered;	35148

(ii) Preparations for the physical site of the capital	35149
project, including, if applicable, excavation, began;	35150

(iii) Actual work on the capital project began.

35151

(c) The costs of the capital project are not fully reflected	35152
in the capital costs portion of the nursing facility's Medicaid	35153
reimbursement per diem rate on June 30, 2005.	35154

(d) The nursing facility files a three-month projected	35155
capital cost report with the Director of Job and Family Services	35156
not later than ninety days after the later of March 30, 2006, or	35157
the date the capital project is completed.	35158

(3) A nursing facility that, before ~~June 30~~March 31, 2008,	35159
completed an activity to which all of the following apply:	35160

(a) A request was filed with the Director of Health before	35161
July 1, 2005, for a determination of whether the activity is a	35162
reviewable activity and the Director determined that the activity	35163
is not a reviewable activity.	35164

(b) At least one of the following occurred before July 1,	35165
2005, or, if the nursing facility undertakes the activity to	35166
comply with rules adopted by the Public Health Council regarding	35167
resident room size or occupancy, before June 30, 2007:	35168

(i) Any materials or equipment for the activity were	35169
delivered.	35170

(ii) Preparations for the physical site of the activity,	35171
including, if applicable, excavation, began.	35172

(iii) Actual work on the activity began.

35173

(c) The costs of the activity are not fully reflected in the	35174
capital costs portion of the nursing facility's Medicaid	35175
reimbursement per diem rate on June 30, 2005.	35176

(d) The nursing facility files a three-month projected	35177
capital cost report with the Director of Job and Family Services	35178
not later than ninety days after the later of March 30, 2006, or	35179
the date the activity is completed.	35180

(4) A nursing facility that, before ~~June 30~~March 31, 2008,	35181
completed a renovation to which all of the following apply:	35182

(a) The Director of Job and Family Services approved the	35183
renovation before July 1, 2005.	35184

(b) At least one of the following occurred before July 1,	35185
2005, or, if the nursing facility undertakes the renovation to	35186
comply with rules adopted by the Public Health Council regarding	35187
resident room size or occupancy, before June 30, 2007:	35188

(i) Any materials or equipment for the renovation were	35189
delivered.	35190

(ii) Preparations for the physical site of the renovation,	35191
including, if applicable, excavation, began.	35192

(iii) Actual work on the renovation began.

35193

(c) The costs of the renovation are not fully reflected in	35194
the capital costs portion of the nursing facility's Medicaid	35195
reimbursement per diem rate on June 30, 2005.	35196

(d) The nursing facility files a three-month projected	35197
capital cost report with the Director of Job and Family Services	35198
not later than ninety days after the later of March 30, 2006, or	35199
the date the renovation is completed.	35200

(C) If a nursing facility qualifies for per diem payments	35201
pursuant to division (B)(1) of this section ~~for fiscal year 2008~~,	35202
the nursing facility's per diem payments under this section ~~for~~	35203
~~fiscal year 2008~~ shall equal the difference between the capital	35204
costs portion of the nursing facility's Medicaid reimbursement per	35205
diem rate determined under Section 309.30.20 of ~~this act~~Am. Sub.	35206
H.B. 119 of the 127th General Assembly or, if that section does	35207
not apply to the nursing facility, the capital costs portion of	35208
the nursing facility's initial rate established under section	35209
5111.254 of the Revised Code and the lesser of the following:	35210

(1) Eighty-eight and sixty-five hundredths per cent of the	35211
nursing facility's cost of ownership as reported on a three-month	35212
projected capital cost report divided by the greater of the number	35213
of inpatient days the nursing facility is expected to have during	35214
the period covered by the projected capital cost report or the	35215
number of inpatient days the nursing facility would have during	35216
that period if the nursing facility's occupancy rate was eighty	35217
per cent.	35218

(2) The maximum capital per diem rate in effect for fiscal	35219
year 2005 for nursing facilities.	35220

(D) ~~If a nursing facility qualifies for per diem payments~~	35221
~~pursuant to division (B)(1) of this section for fiscal year 2009,~~	35222
~~the nursing facility's per diem payments under this section for~~	35223
~~fiscal year 2009 shall equal the difference between the capital~~	35224
~~costs portion of the nursing facility's Medicaid reimbursement per~~	35225
~~diem rate determined under Section 309.30.30 of this act and the~~	35226
~~lesser of the following:~~	35227

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	35228
~~nursing facility's cost of ownership as reported on a three-month~~	35229
~~projected capital cost report divided by the greater of the number~~	35230
~~of inpatient days the nursing facility is expected to have during~~	35231
~~the period covered by the projected capital cost report or the~~	35232
~~number of inpatient days the nursing facility would have during~~	35233
~~that period if the nursing facility's occupancy rate was eighty~~	35234
~~per cent.~~	35235

~~(2) The maximum capital per diem rate in effect for fiscal~~	35236
~~year 2005 for nursing facilities.~~	35237

~~(E)~~ The per diem payments paid ~~for fiscal year 2008~~ to a	35238
nursing facility that qualifies for the payments pursuant to	35239
division (B)(2) or (3) of this section shall equal the difference	35240
between the capital costs portion of the nursing facility's	35241
Medicaid reimbursement per diem rate determined under Section	35242
309.30.20 of ~~this act~~Am. Sub. H.B. 119 of the 127th General	35243
Assembly and the lesser of the following:	35244

(1) Eighty-eight and sixty-five hundredths per cent of the	35245
nursing facility's cost of ownership as reported on a three-month	35246
projected capital cost report divided by the greater of the number	35247
of inpatient days the nursing facility is expected to have during	35248
the period covered by the projected capital cost report or the	35249
number of inpatient days the nursing facility would have during	35250
that period if the nursing facility's occupancy rate was	35251
ninety-five per cent.	35252

(2) The maximum capital per diem rate in effect for fiscal	35253
year 2005 for nursing facilities.	35254

~~(F) The per diem payments paid for fiscal year 2009 to a~~	35255
~~nursing facility that qualifies for the payments pursuant to~~	35256
~~division (B)(2) or (3) of this section shall equal the difference~~	35257
~~between the capital costs portion of the nursing facility's~~	35258
~~Medicaid reimbursement per diem rate determined under Section~~	35259
~~309.30.30 of this act and the lesser of the following:~~	35260

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	35261
~~nursing facility's cost of ownership as reported on a three-month~~	35262
~~projected capital cost report divided by the greater of the number~~	35263
~~of inpatient days the nursing facility is expected to have during~~	35264
~~the period covered by the projected capital cost report or the~~	35265
~~number of inpatient days the nursing facility would have during~~	35266
~~that period if the nursing facility's occupancy rate was~~	35267
~~ninety-five per cent.~~	35268

~~(2) The maximum capital per diem rate in effect for fiscal~~	35269
~~year 2005 for nursing facilities.~~	35270

~~(G)~~(E) The per diem payments paid to a nursing facility that	35271
qualifies for the payments pursuant to division (B)(4) of this	35272
section shall equal eighty-five per cent of the nursing facility's	35273
capital costs for the renovation as reported on a three-month	35274
projected capital cost report divided by the greater of the number	35275
of inpatient days the nursing facility is expected to have during	35276
the period covered by the projected capital cost report or the	35277
number of inpatient days the nursing facility would have during	35278
that period if the nursing facility's occupancy rate was	35279
ninety-five per cent.	35280

~~(H)~~(F) All of the following apply to the per diem payments	35281
made under this section:	35282

(1) ~~All nursing facilities' eligibility for the payments~~	35283
~~shall cease at the earlier of the following:~~	35284

~~(a) July 1, 2009;~~

35285

~~(b) The date that the total amount of the payments equals~~	35286
~~seven million dollars.~~	35287

~~(2) The payments made for the last quarter that the payments~~	35288
~~are made may be reduced proportionately as necessary to avoid~~	35289
~~spending more than seven million dollars under this section.~~	35290

~~(3) The~~Subject to the following, the per diem payments shall	35291
be made for ~~quarterly periods~~only the first three quarters of	35292
fiscal year 2008 by multiplying the per diem determined for a	35293
nursing facility by the number of Medicaid days the nursing	35294
facility has for the ~~quarter~~quarters for which the payment is	35295
made:	35296

(a) Not more than a total of four million two hundred	35297
thousand dollars may be spent on the payments.	35298

(b) The payments may be reduced proportionately as necessary	35299
to avoid spending more than four million two hundred thousand	35300
dollars under this section.	35301

~~(4)~~(2) Any per diem payments to be made to a nursing facility	35302
~~for a quarter ending before July 2008~~under this section shall be	35303
made not later than ~~September~~June 30, 2008.	35304

~~(5) Any per diem payments to be made to a nursing facility~~	35305
~~for a quarter beginning after June 2008 shall be made not later~~	35306
~~than three months after the last day of the quarter for which the~~	35307
~~payments are made.~~	35308

~~(6)~~(3) A change of operator shall not cause the payments to a	35309
nursing facility to ~~cease~~not be made.	35310

~~(7)~~(4) The payments shall only be made to a nursing facility	35311
for the first three quarters ~~during~~of fiscal ~~years~~year 2008 ~~and~~	35312
~~2009~~ for which the nursing facility has a valid Medicaid	35313
provider agreement.	35314

~~(8)~~(5) The payments shall be in addition to a nursing	35315
facility's Medicaid reimbursement per diem rate calculated under	35316
Section 309.30.20 ~~or 309.30.30~~ of ~~this act~~Am. Sub. H.B. 119 of	35317
the 127th General Assembly.	35318

~~(I)~~(G) The Director of Job and Family Services shall monitor,	35319
~~on a quarterly basis,~~ the per diem payments made to nursing	35320
facilities under this section to ensure that not more than a	35321
total of ~~seven~~four million two hundred thousand dollars is spent	35322
under this section.	35323

~~(J)~~(H) The determinations that the Director of Job and Family	35324
Services makes under this section are not subject to appeal under	35325
Chapter 119. of the Revised Code.	35326

~~(K)~~(I) The Director of Job and Family Services may adopt	35327
rules in accordance with Chapter 119. of the Revised Code as	35328
necessary to implement this section. The Director's failure to	35329
adopt the rules does not affect the requirement that the per diem	35330
payments be made under this section.	35331

Sec. 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

35332

The foregoing appropriation item 600-658, Child Support	35333
Collections, shall be used by the Department of Job and Family	35334
Services to meet the TANF maintenance of effort requirements of 42	35335
U.S.C. 609(a)(7). When the state is assured that it will meet the	35336
maintenance of effort requirement, the Department of Job and	35337
Family Services may use funds from appropriation item 600-658,	35338
Child Support Collections, to support ~~child support~~public	35339
assistance activities.	35340

Sec. 337.30. COMMUNITY SERVICES

35341

General Revenue Fund	35342

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	35343
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	35344
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	35345
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	35346
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	35347
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	35348
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	35349

General Services Fund Group	35350

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	35351
5MO	322-628	Martin Settlement	$	150,000	$	0	35352
TOTAL GSF General Services							35353
Fund Group			$	160,000	$	10,000	35354

Federal Special Revenue Fund Group	35355

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	35356
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	35357
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	35358
TOTAL FED Federal Special Revenue							35359
Fund Group			$	471,775,998	$	517,783,468	35360

State Special Revenue Fund Group	35361

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	35362
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	35363
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	35364
5EV	322-627	Program Fees	$	20,000	$	20,000	35365
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	35366
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	35367
5CT	322-632	Intensive Behavioral Needs	$	0	$	1,000,000	35368
TOTAL SSR State Special Revenue							35369
Fund Group			$	166,661,594	$	~~178,013,700~~ 179,013,700	35370
TOTAL ALL COMMUNITY SERVICES							35371
BUDGET FUND GROUPS			$	869,271,565	$	~~949,357,826~~ 950,357,826	35372

Sec. 337.30.43. TAX EQUITY

35374

Notwithstanding section 5126.18 of the Revised Code, ~~if a~~	35375
~~county board of mental retardation and developmental disabilities~~	35376
~~received a tax equity payment in fiscal year 2007, but would not~~	35377
~~receive such a payment in fiscal years 2008 and 2009, the~~	35378
~~Department of Mental Retardation and Developmental Disabilities~~	35379
~~shall use the foregoing appropriation item 322-503, Tax Equity, to~~	35380
~~pay each such board in each fiscal year of the biennium an amount~~	35381
~~that is equal to the tax equity payment the board received in~~	35382
~~fiscal year 2007 or $25,000, whichever is less. The Department~~	35383
~~shall use the remainder of the appropriation item to make tax~~	35384
~~equity payments in accordance with section 5126.18 of the Revised~~	35385
~~Code~~for fiscal year 2009, if the Department of Mental Retardation	35386
and Developmental Disabilities determines that sufficient funds	35387
are available, the Department shall use the foregoing	35388
appropriation item 322-503, Tax Equity, to pay each county board	35389
of mental retardation and developmental disabilities an amount	35390
that is equal to the amount the board received for fiscal year	35391
2008. If the Department determines that there are not sufficient	35392
funds available in the appropriation item for this purpose, the	35393
Department shall pay to each county board an amount that is	35394
proportionate to the amount the board received for fiscal year	35395
2008. Proportionality shall be determined by dividing the total	35396
tax equity payments distributed to county boards for fiscal year	35397
2008 by the tax equity payment a county board received for fiscal	35398
year 2008.	35399

Sec. 337.40. RESIDENTIAL FACILITIES

35400

General Revenue Fund	35401

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		35402
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		35403

General Services Fund Group	35404

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	35405
TOTAL GSF General Services							35406
Fund Group			$	912,177	$	912,177	35407

Federal Special Revenue Fund Group	35408

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	35409
TOTAL FED Federal Special Revenue							35410
Fund Group			$	136,299,536	$	137,555,308	35411

State Special Revenue Fund Group	35412

221	322-620	Supplement Service Trust	$	150,000	$	150,000	35413
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	35414
TOTAL SSR State Special Revenue							35415
Fund Group			$	14,693,764	$	14,821,616	35416
TOTAL ALL RESIDENTIAL FACILITIES							35417
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	35418

DEPARTMENT TOTAL					35419
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	35420
DEPARTMENT TOTAL					35421
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	35422
DEPARTMENT TOTAL					35423
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	35424
DEPARTMENT TOTAL					35425
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	~~204,307,651~~ 205,307,651	35426
TOTAL DEPARTMENT OF MENTAL					35427
RETARDATION AND DEVELOPMENTAL					35428
DISABILITIES	$	1,173,981,084	$	~~1,252,695,175~~ 1,253,695,175	35429

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	35431
PROGRAM	35432

The Director of Mental Retardation and Developmental	35433
Disabilities shall establish~~, as part of the Individual Options~~	35434
~~Medicaid Waiver program,~~ a pilot program ~~to be operated~~ during	35435
calendar year 2009 under which the Gallipolis Developmental	35436
Center ~~provides home and community-based services under the~~	35437
~~Individual Options Medicaid waiver program to not more than ten~~	35438
~~individuals at one time~~operates an intermediate care facility for	35439
the mentally retarded with eight beds at a site separate from the	35440
grounds of the developmental center. The Gallipolis Developmental	35441
Center may operate the intermediate care facility for the mentally	35442
retarded notwithstanding section 5123.196 of the Revised Code.	35443
Money shall be expended on the pilot program beginning in the	35444
first half of calendar year 2009.	35445

~~The pilot program shall be operated in a manner consistent~~	35446
~~with the terms of the consent order filed March 5, 2007, in~~ ~~Martin~~	35447
~~v. Strickland, Case No. 89-CV-00362, in the United States District~~	35448
~~Court for the Southern District of Ohio, Eastern Division. The~~	35449
~~pilot program also shall be operated in accordance with the~~	35450
~~federal Medicaid waiver authorizing the Individual Options~~	35451
~~Medicaid waiver program. Only individuals eligible for the~~	35452
~~Individual Options Medicaid waiver program who volunteer to~~	35453
~~receive home and community-based services under the Individual~~	35454
~~Options Medicaid waiver program from the Gallipolis Developmental~~	35455
~~Center may participate in the pilot program.~~ The Director of	35456
Mental Retardation and Developmental Disabilities and the	35457
Director of Job and Family Services shall provide the Gallipolis	35458
Developmental Center technical assistance ~~the Center needs~~	35459
regarding the pilot program.	35460

~~All expenses the Gallipolis Developmental Center incurs in~~	35461
~~participating in the pilot program shall be paid from the~~	35462
~~Medicaid payments the Center receives for providing home and~~	35463
~~community-based services under the program.~~	35464

The Director of Mental Retardation and Developmental	35465
Disabilities shall conduct an evaluation of the pilot program,	35466
including an evaluation of the quality and effectiveness of the	35467
~~home and community-based~~ services the Gallipolis Developmental	35468
Center provides under the pilot program. The Director shall submit	35469
a report of the evaluation to the Governor and the General	35470
Assembly not later than April 1, 2010. The Director shall include	35471
in the report recommendations ~~for or against permitting the~~	35472
~~Gallipolis Developmental Center to continue to provide home and~~	35473
~~community-based services under the Individual Options Medicaid~~	35474
~~waiver program and permitting other developmental centers to begin~~	35475
~~to provide these services~~regarding the continuation of the pilot	35476
program and whether other developmental centers should be	35477
permitted to establish and operate intermediate care facilities	35478
for the mentally retarded at sites separate from the grounds of	35479
the developmental centers.	35480

Sec. 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

35481

General Services Fund Group	35482

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	35483
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	35484
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	35485
TOTAL GSF General Services							35486
Fund Group			$	37,613,440	$	38,735,392	35487

Federal Special Revenue Fund Group	35488

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	35489
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	35490
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	35491
TOTAL FED Federal Special Revenue							35492
Fund Group			$	8,035,491	$	8,249,619	35493

State Special Revenue Fund Group	35494

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757		$	1,349,757	35495
4L8	870-617	Pipeline Safety-State	$	187,621		$	187,621	35496
4S6	870-618	Hazardous Material Registration	$	464,325		$	464,325	35497
4S6	870-621	Hazardous Materials Base State Registration	$	373,346		$	373,346	35498
4U8	870-620	Civil Forfeitures	$	284,986		$	284,986	35499
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000		$	13,375,000	35500
5Q5	870-626	Telecommunication Relay Service	$	0		$	5,000,000	35501
559	870-605	Public Utilities Territorial Administration	$	4,000		$	4,000	35502
560	870-607	Public Utilities Investigations	$	100,000		$	100,000	35503
561	870-606	Power Siting Board	$	404,651		$	404,652	35504
638	870-611	Biomass Energy Program	$	40,000		$	40,000	35505
661	870-612	Hazardous Materials Transportation	$	900,000		$	900,000	35506
TOTAL SSR State Special Revenue								35507
Fund Group			$	30,983,686		$	~~17,483,687~~	35508
			22,483,687		35509

Agency Fund Group	35510

4G4	870-616	Base State Registration Program	$	2,000,000		$	0	35511
TOTAL AGY Agency Fund Group			$	2,000,000		$	0	35512
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617		$	~~64,468,698~~	35513
			69,468,698		35514

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

35515

The fund created by section 4923.26 of the Revised Code is	35516
the same fund, with a new name, as the Commercial Vehicle	35517
Information Systems and Networks Fund (Fund 3V3).	35518

ENHANCED AND WIRELESS ENHANCED 9-1-1

35519

The foregoing appropriation item 870-623, Wireless 9-1-1	35520
Administration, shall be used pursuant to section 4931.63 of the	35521
Revised Code.	35522

TELECOMMUNICATIONS RELAY SERVICE FUNDING

35523

The Telecommunications Relay Service Fund is hereby created	35524
in the state treasury. The vendor selected to provide	35525
telecommunications relay service in Ohio, as required by 47 C.F.R.	35526
64.601, shall submit an invoice to the Public Utilities Commission	35527
by January 31, 2009, for costs it has incurred in providing the	35528
service during calendar year 2008. The Public Utilities Commission	35529
shall notify the Director of Budget and Management of the amount	35530
invoiced, and the Director of Budget and Management shall transfer	35531
that amount from the Public Utilities Fund (Fund 5F6) to the	35532
Telecommunications Relay Service Fund on or before February 28,	35533
2009. The amount transferred shall be used to pay the	35534
telecommunications relay service vendor the amount invoiced. This	35535
amount is hereby appropriated.	35536

Sec. 375.10. BOR BOARD OF REGENTS

35537

General Revenue Fund	35538

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	35539
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	35540
GRF	235-402	Sea Grants	$	300,000	$	300,000	35541
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	35542
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	35543
GRF	235-409	Information System	$	1,175,172	$	1,175,172	35544
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	35545
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	35546
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	35547
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	35548
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	35549
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	35550
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	35551
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	35552
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	35553
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	35554
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	35555
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	35556
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	35557
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	35558
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	35559
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	35560
GRF	235-502	Student Support Services	$	795,790	$	795,790	35561
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	35562
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	35563
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	35564
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	35565
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	35566
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	35567
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	35568
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	35569
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	35570
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	35571
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	35572
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	35573
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	35574
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	35575
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	35576
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	35577
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	35578
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	35579
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	35580
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	35581
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	35582
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	35583
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	35584
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	35585
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	35586
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	35587
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	35588
GRF	235-547	School of International Business	$	450,000	$	650,000	35589
GRF	235-552	Capital Component	$	~~19,306,442~~ 19,789,868	$	~~19,306,442~~ 19,789,868	35590
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	35591
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	35592
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	35593
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	35594
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	35595
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	35596
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	35597
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	35598
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	35599
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	35600
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	35601
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	35602
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	35603
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	35604
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	35605
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	35606
TOTAL GRF General Revenue Fund			$	~~2,773,258,537~~ 2,773,741,963	$	~~2,861,908,923~~ 2,862,392,349	35607

General Services Fund Group	35608

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	35609
456	235-603	Sales and Services	$	700,000	$	700,000	35610
TOTAL GSF General Services							35611
Fund Group			$	1,500,000	$	1,500,000	35612

Federal Special Revenue Fund Group	35613

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	35614
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	35615
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	35616
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	35617
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	35618
312	235-609	Tech Prep	$	183,850	$	183,850	35619
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	35620
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	35621
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	35622
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	35623
TOTAL FED Federal Special Revenue							35624
Fund Group			$	20,257,469	$	20,267,350	35625

State Special Revenue Fund Group	35626

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	35627
4P4	235-604	Physician Loan Repayment	$	476,870	$	~~476,870~~ 0	35628
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	35629
682	235-606	Nursing Loan Program	$	893,000	$	893,000	35630
5DT	235-627	American Diploma Project	$	250,000	$	0	35631
TOTAL SSR State Special Revenue							35632
Fund Group			$	2,429,870	$	~~2,174,870~~ 1,698,000	35633
TOTAL ALL BUDGET FUND GROUPS			$	~~2,797,445,876~~ 2,797,929,302	$	~~2,885,851,143~~ 2,885,857,699	35634

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

35636

General Revenue Fund	35637

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	35638
GRF	415-402	Independent Living Council	$	450,000	$	450,000	35639
GRF	415-406	Assistive Technology	$	47,531	$	47,531	35640
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	35641
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	35642
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	35643
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	35644

General Services Fund Group	35645

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	35646
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	35647
TOTAL GSF General Services							35648
Fund Group			$	19,755,270	$	20,189,122	35649

Federal Special Revenue Fund Group	35650

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	35651
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	35652
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	35653
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	35654
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	35655
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	35656
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	35657
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	35658
TOTAL FED Federal Special							35659
Revenue Fund Group			$	214,316,854	$	220,120,651	35660

State Special Revenue Fund Group	35661

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	35662
468	415-618	Third Party Funding	$	906,910	$	906,910	35663
TOTAL SSR State Special							35664
Revenue Fund Group			$	4,672,247	$	5,406,910	35665
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	35666

INDEPENDENT LIVING COUNCIL

35667

The foregoing appropriation item 415-402, Independent Living	35668
Council, shall be used to fund the operations of the State	35669
Independent Living Council and shall be used to support state	35670
independent living centers and independent living services under	35671
Title VII of the Independent Living Services and Centers for	35672
Independent Living of the Rehabilitation Act Amendments of 1992,	35673
106 Stat. 4344, 29 U.S.C. 796d.	35674

OFFICE FOR PEOPLE WITH BRAIN INJURY

35675

Of the foregoing appropriation item 415-431, Office for	35676
People with Brain Injury, up to $50,000 in each fiscal year shall	35677
be used for the state match for a federal grant awarded through	35678
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	35679
$50,000 in each fiscal year shall be provided to the Brain Injury	35680
Trust Fund. The remaining appropriation shall be used to plan and	35681
coordinate head-injury-related services provided by state agencies	35682
and other government or private entities, to assess the needs for	35683
such services, and to set priorities in this area.	35684

VOCATIONAL REHABILITATION SERVICES

35685

The foregoing appropriation item 415-506, Services for People	35686
with Disabilities, shall be used as state matching funds to	35687
provide vocational rehabilitation services to eligible consumers.	35688

SERVICES FOR THE DEAF

35689

The foregoing appropriation item 415-508, Services for the	35690
Deaf, shall be used to provide grants to community centers for the	35691
deaf. These funds shall not be provided in lieu of Social Security	35692
reimbursement funds.	35693

PROGRAM MANAGEMENT EXPENSES

35694

The foregoing appropriation item 415-606, Program Management	35695
Expenses, shall be used to support the administrative functions of	35696
the commission related to the provision of vocational	35697
rehabilitation, disability determination services, and ancillary	35698
programs.	35699

NATIONAL ACCREDITATION COMPLIANCE

35700

Of the foregoing appropriation item 415-616, Federal –	35701
Vocational Rehabilitation, ~~$125,000 in each fiscal year~~$250,000	35702
over the biennium shall be used to establish and implement a	35703
Community Rehabilitation Program national accreditation	35704
compliance and monitoring program administered by the Ohio	35705
Association of Rehabilitation Facilities.	35706

Not later than 30 days after the effective date of this	35707
amendment, the Rehabilitation Services Commission shall enter into	35708
a contract or other agreement that complies with 34 CRF 361.3(b)	35709
and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation	35710
Facilities and convey the funds to establish and implement the	35711
Community Rehabilitation Program national accreditation compliance	35712
and monitoring program.	35713

CLEVELAND SIGHT CENTER

35714

Of the foregoing appropriation item 415-616, Federal –	35715
Vocational Rehabilitation, $100,000 in each fiscal year shall be	35716
provided to the Cleveland Sight Center for Technology Initiative	35717
to purchase adaptive technology and software for the employment of	35718
Ohioans who are blind or visually impaired.	35719

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

35720

The foregoing appropriation item 415-617, Independent	35721
Living/Vocational Rehabilitation Programs, shall be used to	35722
support vocational rehabilitation programs.	35723

SOCIAL SECURITY REIMBURSEMENT FUNDS

35724

Reimbursement funds received from the Social Security	35725
Administration, United States Department of Health and Human	35726
Services, for the costs of providing services and training to	35727
return disability recipients to gainful employment shall be used	35728
in the Social Security Reimbursement Fund (Fund 3L1), to the	35729
extent funds are available, as follows:	35730

(A) Appropriation item 415-601, Social Security Personal Care	35731
Assistance, to provide personal care services in accordance with	35732
section 3304.41 of the Revised Code;	35733

(B) Appropriation item 415-608, Social Security Vocational	35734
Rehabilitation, to provide vocational rehabilitation services to	35735
individuals with severe disabilities who are Social Security	35736
beneficiaries, to enable them to achieve competitive employment.	35737
This appropriation item also includes funds to assist the Personal	35738
Care Assistance Program to pay its share of indirect costs as	35739
mandated by federal OMB Circular A-87.	35740

PERFORMANCE AUDIT

35741

The Auditor of State shall complete a performance audit of	35742
the Rehabilitation Services Commission. Upon completing the	35743
performance audit, the Auditor of State shall submit a report of	35744
the findings of the audit to the Governor, the President of the	35745
Senate, the Speaker of the House of Representatives, and the Board	35746
of Rehabilitation Services Commission. Expenses incurred by the	35747
Auditor of State to conduct the performance audit shall be	35748
reimbursed by the Rehabilitation Services Commission.	35749

INTERNAL REVIEW

35750

The Administrator of the Rehabilitation Services Commission	35751
shall consult with the Director of Budget and Management and	35752
representatives of local rehabilitation services agencies to	35753
conduct an internal review of policies and procedures to increase	35754
efficiency and identify and eliminate duplicative practices. Any	35755
savings identified as a result of the internal review or the	35756
performance audit conducted by the Auditor of State shall be used	35757
for community-based care.	35758

The Administrator of the Rehabilitation Services Commission	35759
shall seek Controlling Board approval before expending any funds	35760
identified as a result of the internal review or the performance	35761
audit.	35762

Sec. 393.10. SOS SECRETARY OF STATE

35763

General Revenue Fund	35764

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	35765
GRF	050-403	Election Statistics	$	103,936	$	103,936	35766
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	35767
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	35768
GRF	050-505	County Postage Reimbursement	$	0	$	3,000,000	35769
TOTAL GRF General Revenue Fund			$	2,971,585	$	~~2,971,585~~ 5,971,585	35770

General Services Fund Group	35771

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	35772
412	050-609	Notary Commission	$	685,249	$	685,249	35773
413	050-601	Information Systems	$	119,955	$	119,955	35774
414	050-602	Citizen Education Fund	$	55,712	$	55,712	35775
TOTAL General Services Fund Group			$	868,116	$	868,116	35776

Federal Special Revenue Fund Group	35777

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	35778
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	35779
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	35780
TOTAL FED Federal Special Revenue							35781
Fund Group			$	5,791,000	$	3,791,000	35782

State Special Revenue Fund Group	35783

5N9	050-607	Technology Improvements	$	129,565	$	129,565	35784
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	35785
TOTAL SSR State Special Revenue							35786
Fund Group			$	13,891,299	$	13,891,299	35787

Holding Account Redistribution Fund Group	35788

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	35789
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	35790
TOTAL 090 Holding Account							35791
Redistribution Fund Group			$	115,000	$	115,000	35792
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	~~21,637,000~~ 24,637,000	35793

COUNTY POSTAGE REIMBURSEMENT

35794

The foregoing appropriation item 050-505, County Postage	35795
Reimbursement, shall be used to pay costs incurred by boards of	35796
elections to mail an absent voter's ballot application to each	35797
elector who is required to receive a notice under section 3501.19	35798
of the Revised Code for the November 4, 2008, general election.	35799
The foregoing appropriation also shall be used to pay return	35800
postage for absent voter's ballot applications returned by	35801
electors who wish to vote by absent voter's ballot at that	35802
election. Absent voter's ballot applications required to be mailed	35803
by a board of elections shall be mailed in conjunction with the	35804
notice of election required under section 3501.19 of the Revised	35805
Code. The Secretary of State shall establish a method by which	35806
funds for mailing absent voter's ballot applications are made	35807
available to boards of elections in advance of the required	35808
mailing.	35809

BOARD OF VOTING MACHINE EXAMINERS

35810

The foregoing appropriation item 050-610, Board of Voting	35811
Machine Examiners, shall be used to pay for the services and	35812
expenses of the members of the Board of Voting Machine Examiners,	35813
and for other expenses that are authorized to be paid from the	35814
Board of Voting Machine Examiners Fund, which is created in	35815
section 3506.05 of the Revised Code. Moneys not used shall be	35816
returned to the person or entity submitting the equipment for	35817
examination. If it is determined that additional appropriations	35818
are necessary, such amounts are appropriated.	35819

2005 HAVA VOTING MACHINES

35820

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	35821
Machines, in fiscal year 2008 $15,000 shall be distributed to the	35822
Vinton County Board of Elections and $15,000 shall be distributed	35823
to the Morgan County Board of Elections to be used for emergency	35824
assistance for elections.	35825

On July 1, 2008, or as soon as possible thereafter, the	35826
Director of Budget and Management shall transfer any remaining	35827
unexpended, unencumbered appropriations in Fund 3AS, appropriation	35828
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	35829
2009. The transferred amount is hereby appropriated.	35830

On July 1, 2008, or as soon as possible thereafter, the	35831
Director of Budget and Management shall transfer any remaining	35832
unexpended, unencumbered appropriations in Fund 3AH, appropriation	35833
item 050-614, Election Reform/Health and Human Services Fund, for	35834
use in fiscal year 2009. The transferred amount is hereby	35835
appropriated.	35836

Ongoing interest earnings from the federal Election	35837
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	35838
Voting Machines Fund (Fund 3AS) shall be credited to the	35839
respective funds and distributed in accordance with the terms of	35840
the grant under which the money is received.	35841

HOLDING ACCOUNT REDISTRIBUTION GROUP

35842

The foregoing appropriation items 050-605 and 050-606,	35843
Holding Account Redistribution Fund Group, shall be used to hold	35844
revenues until they are directed to the appropriate accounts or	35845
until they are refunded. If it is determined that additional	35846
appropriations are necessary, such amounts are appropriated.	35847

Sec. 405.10. TAX DEPARTMENT OF TAXATION

35848

General Revenue Fund	35849

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	35850
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	35851
GRF	110-412	Child Support Administration	$	71,680	$	71,680	35852
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	35853
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	35854
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	35855

General Services Fund Group	35856

433	110-602	Tape File Account	$	125,000	$	140,000	35857
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	35858
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	35859
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	35860
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	35861
TOTAL GSF General Services							35862
Fund Group			$	7,625,000	$	7,490,000	35863

State Special Revenue Fund Group	35864

4C6	110-616	International Registration Plan	$	706,855		$	706,855	35865
4R6	110-610	Tire Tax Administration	$	125,000		$	150,000	35866
435	110-607	Local Tax Administration	$	17,250,000		$	17,250,000	35867
436	110-608	Motor Vehicle Audit	$	1,200,000		$	1,200,000	35868
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000		$	800,000	35869
438	110-609	School District Income Tax	$	3,600,000		$	3,600,000	35870
5AP0	110632	Discovery Project	$	0		$	2,000,000	35871
5N5	110-605	Municipal Income Tax Administration	$	500,000		$	500,000	35872
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000		$	175,000	35873
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000		$	5,000,000	35874
5V8	110-623	Property Tax Administration	$	13,500,000		$	13,500,000	35875
639	110-614	Cigarette Tax Enforcement	$	100,000		$	100,000	35876
642	110-613	Ohio Political Party Distributions	$	600,000		$	600,000	35877
688	110-615	Local Excise Tax Administration	$	210,000		$	180,000	35878
TOTAL SSR State Special Revenue								35879
Fund Group			$	43,291,855		$	~~43,761,855~~	35880
			45,761,855		35881

Agency Fund Group	35882

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	35883
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	35884
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	35885

Holding Account Redistribution Fund Group	35886

R10	110-611	Tax Distributions	$	50,000		$	50,000	35887
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000		$	50,000	35888
TOTAL 090 Holding Account								35889
Redistribution Fund Group			$	100,000		$	100,000	35890
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724		$	~~2,195,194,230~~	35891
			2,197,194,230		35892

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	35893
EXEMPTION	35894

The foregoing appropriation item 110-901, Property Tax	35895
Allocation - Taxation, is hereby appropriated to pay for the	35896
state's costs incurred because of the Homestead Exemption, the	35897
Manufactured Home Property Tax Rollback, and the Property Tax	35898
Rollback. The Tax Commissioner shall distribute these funds	35899
directly to the appropriate local taxing districts, except for	35900
school districts, notwithstanding the provisions in sections	35901
321.24 and 323.156 of the Revised Code, which provide for payment	35902
of the Homestead Exemption, the Manufactured Home Property Tax	35903
Rollback, and Property Tax Rollback by the Tax Commissioner to the	35904
appropriate county treasurer and the subsequent redistribution of	35905
these funds to the appropriate local taxing districts by the	35906
county auditor.	35907

The foregoing appropriation item 110-906, Tangible Tax	35908
Exemption - Taxation, is hereby appropriated to pay for the	35909
state's costs incurred because of the tangible personal property	35910
tax exemption required by division (C)(3) of section 5709.01 of	35911
the Revised Code. The Tax Commissioner shall distribute to each	35912
county treasurer the total amount appearing in the notification	35913
from the county treasurer under division (G) of section 321.24 of	35914
the Revised Code for all local taxing districts located in the	35915
county except for school districts, notwithstanding the provision	35916
in section 321.24 of the Revised Code which provides for payment	35917
of the $10,000 tangible personal property tax exemption by the Tax	35918
Commissioner to the appropriate county treasurer for all local	35919
taxing districts located in the county including school districts.	35920
The county auditor shall distribute the amount paid by the Tax	35921
Commissioner among the appropriate local taxing districts except	35922
for school districts under division (G) of section 321.24 of the	35923
Revised Code.	35924

Upon receipt of these amounts, each local taxing district	35925
shall distribute the amount among the proper funds as if it had	35926
been paid as real or tangible personal property taxes. Payments	35927
for the costs of administration shall continue to be paid to the	35928
county treasurer and county auditor as provided for in sections	35929
319.54, 321.26, and 323.156 of the Revised Code.	35930

Any sums, in addition to the amounts specifically	35931
appropriated in appropriation items 110-901, Property Tax	35932
Allocation - Taxation, for the Homestead Exemption, the	35933
Manufactured Home Property Tax Rollback, and the Property Tax	35934
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	35935
for the $10,000 tangible personal property tax exemption payments,	35936
which are determined to be necessary for these purposes, are	35937
hereby appropriated.	35938

TAX DEPARTMENT DISCOVERY PROJECT

35939

On July 1, 2008, or as soon thereafter as possible, the	35940
Director of Budget and Management shall transfer $2,000,000 in	35941
cash from the General Revenue Fund to appropriation item 110632,	35942
Discovery Project (Fund 5APO), to acquire the necessary hardware,	35943
software, and services to establish and implement a tax discovery	35944
data system and for expenses incurred by the Department of	35945
Taxation to administer the system. The amount transferred is	35946
hereby appropriated in appropriation item 110632, Discovery	35947
Project, for fiscal year 2009.	35948

If, at any time during fiscal year 2009, the Tax Commissioner	35949
determines that additional cash transfers are necessary in	35950
appropriation item 110632, Discovery Project, to pay the actual	35951
costs of the tax discovery data system and other expenses the	35952
Department incurs attributable to the system in fiscal year 2009,	35953
the Tax Commissioner may request that the Director of Budget and	35954
Management increase such amounts. Such amounts are hereby	35955
appropriated, with the approval of the Director of Budget and	35956
Management.	35957

MUNICIPAL INCOME TAX

35958

The foregoing appropriation item 110-995, Municipal Income	35959
Tax, shall be used to make payments to municipal corporations	35960
under section 5745.05 of the Revised Code. If it is determined	35961
that additional appropriations are necessary to make these	35962
payments, such amounts are hereby appropriated.	35963

TAX REFUNDS

35964

The foregoing appropriation item 110-635, Tax Refunds, shall	35965
be used to pay refunds under section 5703.052 of the Revised Code.	35966
If it is determined that additional appropriations are necessary	35967
for this purpose, such amounts are hereby appropriated.	35968

INTERNATIONAL REGISTRATION PLAN AUDIT

35969

The foregoing appropriation item 110-616, International	35970
Registration Plan, shall be used under section 5703.12 of the	35971
Revised Code for audits of persons with vehicles registered under	35972
the International Registration Plan.	35973

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

35974

Of the foregoing appropriation item 110-607, Local Tax	35975
Administration, the Tax Commissioner may disburse funds, if	35976
available, for the purposes of paying travel expenses incurred by	35977
members of Ohio's delegation to the Streamlined Sales Tax Project,	35978
as appointed under section 5740.02 of the Revised Code. Any travel	35979
expense reimbursement paid for by the Department of Taxation shall	35980
be done in accordance with applicable state laws and guidelines.	35981

LITTER CONTROL TAX ADMINISTRATION FUND

35982

Notwithstanding section 5733.12 of the Revised Code, during	35983
the period from July 1, 2007, to June 30, 2008, the amount of	35984
$675,000, and during the period from July 1, 2008, to June 30,	35985
2009, the amount of $800,000, received by the Tax Commissioner	35986
under Chapter 5733. of the Revised Code, shall be credited to the	35987
Litter Control Tax Administration Fund (Fund 437).	35988

CENTRALIZED TAX FILING AND PAYMENT FUND

35989

The Director of Budget and Management, under a plan submitted	35990
by the Tax Commissioner, or as otherwise determined by the	35991
Director of Budget and Management, shall set a schedule to	35992
transfer cash from the General Revenue Fund to the credit of the	35993
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	35994
of cash shall not exceed $600,000 in the biennium.	35995

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

35996

The foregoing appropriation item 110-629, Commercial Activity	35997
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	35998
incurred by the Department of Taxation to implement and administer	35999
the Commercial Activity Tax under Chapter 5751. of the Revised	36000
Code.	36001

Notwithstanding section 3734.9010, division (B)(2)(c) of	36002
section 4505.09, division (B) of section 5703.12, section 5703.80,	36003
division (C)(6) of section 5727.81, sections 5733.122 and	36004
5735.053, division (C) of section 5739.21, section 5745.03,	36005
section 5743.024, section 5743.15, division (C) of section	36006
5747.03, and section 5747.113 of the Revised Code or any other	36007
provisions to the contrary, any residual cash balances determined	36008
and certified by the Tax Commissioner to the Director of Budget	36009
and Management shall be transferred on July 1, 2007, or as soon as	36010
possible thereafter, to the Commercial Activities Tax	36011
Administration Fund (Fund 5BQ).	36012

TOBACCO SETTLEMENT ENFORCEMENT

36013

The foregoing appropriation item 110-404, Tobacco Settlement	36014
Enforcement, shall be used by the Tax Commissioner to pay costs	36015
incurred in the enforcement of divisions (F) and (G) of section	36016
5743.03 of the Revised Code.	36017

Sec. 407.10. DOT DEPARTMENT OF TRANSPORTATION

36018

Transportation Modes	36019

General Revenue Fund	36020

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	36021
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	36022
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	36023
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	36024
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	36025
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	36026

~~PUBLIC TRANSPORTATION - STATE~~

36027

~~Of the foregoing GRF appropriation item 775-451, Public~~	36028
~~Transportation - State, $200,000 in fiscal year 2008 shall be used~~	36029
~~for the Cleveland Metropolitan Park District West Creek Project.~~	36030

TRANSPORTATION STUDY

36031

Of the foregoing appropriation item 775-451, Public	36032
Transportation-State, $50,000 in fiscal year 2008 shall be used	36033
for a Franklin County school transportation study to determine the	36034
feasibility of a countywide pupil transportation system.	36035

~~AIRPORT IMPROVEMENTS~~

36036

~~Of the foregoing appropriation item 777-471, Airport~~	36037
~~Improvements - State, $1,500,000 in fiscal year 2008 shall be used~~	36038
~~for air travel and support and economic development of statewide~~	36039
~~airports. The Directors of Development and Transportation may~~	36040
~~enter into one or more interagency agreements between their two~~	36041
~~departments as necessary to implement a statewide strategy to~~	36042
~~enhance Ohio's airports as centers of regional economic~~	36043
~~development.~~	36044

Sec. 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	36045
NON-GRF FUNDS	36046

Notwithstanding any other provision of law to the contrary,	36047
during fiscal years 2008 and 2009, the Director of Budget and	36048
Management is hereby authorized to transfer cash from non-General	36049
Revenue Fund funds that are not constitutionally restricted to the	36050
General Revenue Fund. The total amount of cash transfers made	36051
pursuant to this section to the General Revenue Fund during fiscal	36052
years 2008 and 2009 shall not exceed ~~$70,000,000~~$120,000,000.	36053

Sec. 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL	36054
GRANT PROGRAMS	36055

~~On the first day of July of each fiscal year or as soon as~~	36056
~~possible thereafter, the Director of Budget and Management shall~~	36057
~~(1) transfer $9,817,105 in cash in fiscal year 2008 and~~	36058
~~$10,057,814 in cash in fiscal year 2009 from the Highway Operating~~	36059
~~Fund (Fund 002) to the Diesel Emissions Grant Fund established in~~	36060
~~section 122.861 of the Revised Code and (2) transfer $5,000,000 in~~	36061
~~each fiscal year from the Highway Operating Fund to the Transit~~	36062
~~Capital Fund (Fund 5E7). The amounts transferred are hereby~~	36063
~~appropriated.~~	36064

~~The transfer to the Diesel Emissions Grant Fund shall be used~~	36065
~~for the administration and oversight of the Diesel Emissions~~	36066
~~Reduction Grant Program within the Department of Development. In~~	36067
There is hereby established in the Highway Operating Fund (Fund	36068
7002) in the Department of Transportation a Diesel Emissions	36069
Reduction Grant Program. The Department of Development shall	36070
administer the program and shall solicit, evaluate, score, and	36071
select projects submitted by public and private entities that are	36072
eligible for the federal Congestion Mitigation and Air Quality	36073
(CMAQ) Program. The Department of Transportation shall process	36074
Federal Highway Administration-approved projects as recommended by	36075
the Department of Development.	36076

In addition to the allowable expenditures set forth in	36077
section 122.861 of the Revised Code, Diesel Emissions Reduction	36078
Grant Program funds also may be used to fund projects involving	36079
the purchase or use of hybrid and alternative fuel vehicles that	36080
are allowed under guidance developed by the Federal Highway	36081
Administration for the ~~Congestion Mitigation and Air Quality~~	36082
~~(CMAQ)~~CMAQ Program. The Director of Development, in consultation	36083
with the Director of Environmental Protection, shall develop	36084
guidance for distribution of the funds from the Diesel Emissions	36085
Grant Fund. The guidance shall include a method for	36086
prioritization of projects, acceptable technologies, and	36087
procedures for awarding grants and loans.	36088

~~The transfer to the Transit Capital Fund (Fund 5E7) shall be~~	36089
~~used to supplement the capital portion of the Ohio Public~~	36090
~~Transportation Grant Program within the Department of~~	36091
~~Transportation.~~	36092

~~These~~Public entities eligible to receive funds under section	36093
122.861 of the Revised Code and CMAQ shall be reimbursed from the	36094
Department of Transportation's Diesel Emissions Reduction Grant	36095
Program.	36096

Private entities eligible to receive funds under section	36097
122.861 of the Revised Code and CMAQ shall be reimbursed through	36098
transfers of cash from the Department of Transportation's Diesel	36099
Emissions Reduction Grant Program to the Department of	36100
Development's Diesel Emissions Reduction Grant Fund (Fund 3BD0)	36101
established in section 122.861 of the Revised Code.	36102

Appropriation item 195-697, Diesel Emissions Reduction	36103
Grants, is hereby established with an appropriation of $9,817,105	36104
in fiscal year 2008 and $10,057,814 in fiscal year 2009. Total	36105
expenditures between both the Departments of Development and	36106
Transportation shall not exceed the appropriated amounts stated	36107
in this section.	36108

On or before June 30, 2008, any unencumbered balance of the	36109
foregoing appropriation item 195-697, Diesel Emissions Reduction	36110
Grants, for fiscal year 2008, less amounts encumbered by the	36111
Department of Transportation for reimbursement of public entities	36112
for fiscal year 2008, is hereby appropriated for the same purposes	36113
for fiscal year 2009.	36114

Up to $5,000,000 in the Highway Operating Fund (Fund 7002)	36115
shall be used each fiscal year for the Transit Capital Program in	36116
conjunction with funding provided in the Department of	36117
Transportation's budget under the Ohio Public Transportation Grant	36118
Program.	36119

On or before June 30, 2008, any unencumbered balance of the	36120
Transit Capital Program in fiscal year 2008 is hereby appropriated	36121
for the same purposes in fiscal year 2009.	36122

Any cash transfers or allocations under this section	36123
represent CMAQ program moneys within the Department of	36124
Transportation for use by the Diesel Emissions Reduction Grant	36125
Program by the Department of Development and for use by the Ohio	36126
Public Transportation Grant Program by the Ohio Department of	36127
Transportation. These allocations shall not reduce the amount of	36128
such moneys designated for metropolitan planning organizations.	36129

The Director of Development, in consultation with the	36130
Directors of Environmental Protection and Transportation, shall	36131
develop guidance for the administration of the Diesel Emissions	36132
Reduction Grant Program. The guidance shall include a method for	36133
prioritization of projects, acceptable technologies, and	36134
procedures for awarding grants.	36135

Sec. 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	36136
SECURITIZATION	36137

(A) Notwithstanding any other provision of law to the	36138
contrary, the Director of Budget and Management, periodically on	36139
any date following the issuance of the tobacco obligations	36140
authorized in section 183.51 of the Revised Code and through June	36141
30, 2009, shall:	36142

(1) Determine the amount of appropriation items 235-909,	36143
Higher Education General Obligation Debt Service, and 230-908,	36144
Common Schools General Obligation Debt Service, that are in excess	36145
of the amounts needed to pay all debt service and financing costs	36146
on those obligations payable from each of those items and transfer	36147
all or any portion of that excess appropriation to appropriation	36148
item 200-901, Property Tax Allocation-Education, or 110-901,	36149
Property Tax Allocation-Taxation, or both together as needed for	36150
the purposes of making the state's property tax relief payments to	36151
school districts and counties.	36152

(2) Determine the amount by which interest earnings credited	36153
to Fund 034, Higher Education Improvement Fund, and Fund 032,	36154
School Building Program Assistance Fund, from the investment of	36155
the net proceeds of those tobacco obligations exceed the amount	36156
needed to satisfy appropriations from those funds, transfer all	36157
or part of that excess cash balance to the General Revenue Fund,	36158
and increase appropriation item 200-901, Property Tax	36159
Allocation-Education, or 110-901, Property Tax	36160
Allocation-Taxation, or both together, by up to the amount of cash	36161
so transferred to the General Revenue Fund.	36162

(3) Determine the amount of capital appropriations in	36163
CAP-770, School Building Assistance Program, and transfers of cash	36164
to Fund 5E3, School Facilities Commission, that are necessary to	36165
fully expend the amount of net proceeds deposited into Fund 032,	36166
School Building Program Assistance Fund, from the issuance of	36167
those tobacco obligations, and increase the appropriations for	36168
CAP-770 and appropriation item 230-644, Operating Expenses-School	36169
Facilities Commission, by the necessary amounts.	36170

(4) Determine the amount of additional capital	36171
appropriations, if any necessary to fully expend the amount of net	36172
proceeds deposited from the issuance of those tobacco obligations	36173
into Fund 034, Higher Education Improvement Fund.	36174

(5) Reduce by up to $800,000,000 the amount of authorization	36175
to issue and sell general obligations to pay the costs of capital	36176
facilities for a system of common schools throughout the state	36177
granted to the Ohio Public Facilities Commission by prior acts of	36178
the General Assembly. This reduction reflects the utilization of	36179
the net proceeds of those tobacco obligations in place of general	36180
obligation bond proceeds to support capital appropriations	36181
payable from Fund 032, School Building Assistance Fund.	36182

(6) Reduce by up to $950,000,000 the amount of authorization	36183
to issue and sell general obligations to pay the costs of capital	36184
facilities for state-supported and state-assisted institutions of	36185
higher education granted to the Ohio Public Facilities Commission	36186
by prior acts of the General Assembly. This reduction reflects	36187
the utilization of the net proceeds of those tobacco obligations	36188
in place of general obligation bond proceeds to support capital	36189
appropriations payable from Fund 034, Higher Education	36190
Improvement Fund.	36191

(B) ~~Before~~Except for transfers to the General Revenue Fund	36192
in accordance with division (A)(2) of this section, before the	36193
Office of Budget and Management transfers or increases or	36194
decreases any appropriations or authorizations described in	36195
division (A) of this section, the Office of Budget and Management	36196
shall seek Controlling Board approval.	36197

Section 610.41. That existing Sections 207.20.50,	36198
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	36199
261.10, 263.10, 263.20.10, 263.20.80, 263.30.10, 269.30.30,	36200
269.30.70, 269.40.50, 269.50.30, 275.10, 293.10, 299.10,	36201
307.10, 309.10, 309.30.13, 309.30.30, 309.30.40, 309.30.41,	36202
309.30.42, 309.40.33, 337.30, 337.30.43, 337.40, 337.40.15,	36203
369.10, 375.10, 379.10, 393.10, 405.10, 407.10, 512.03, 512.35,	36204
and 518.03 of Am. Sub. H.B. 119 of the 127th General Assembly	36205
are hereby repealed.	36206

Section 610.44. That Section 249.10 of Am. Sub. H.B. 119 of	36207
the 127th General Assembly, as amended by Am. Sub. S.B. 155 of	36208
the 127th General Assembly, be amended to read as follows:	36209

Sec. 249.10. CEB CONTROLLING BOARD

36210

General Revenue Fund	36211

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	36212
GRF	911-441	Ballot Advertising Costs	$	1,400,000	$	300,000	36213
TOTAL GRF General Revenue Fund			$	2,050,000	$	950,000	36214
TOTAL ALL BUDGET FUND GROUPS			$	2,050,000	$	950,000	36215

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	36216
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	36217

Notwithstanding any other provision of law to the contrary,	36218
the Director of Budget and Management may, with Controlling Board	36219
approval, ~~transfer~~appropriate up to $4,000,000 ~~in cash~~, in each	36220
of fiscal years 2008 and 2009~~, from the Disaster Services Fund~~	36221
~~(Fund 5E2) to the General Revenue Fund. Upon completion of the~~	36222
~~transfer, the Director of Budget and Management shall appropriate~~	36223
~~the transferred amount~~ to appropriation item 911-401, Emergency	36224
Purposes/Contingencies. The Controlling Board may, at the request	36225
of any state agency or the Director of Budget and Management,	36226
transfer all or part of the appropriation in appropriation item	36227
911-401, Emergency Purposes/Contingencies, for the purpose of	36228
providing disaster and emergency situation aid to state agencies	36229
and political subdivisions in the event of disasters and emergency	36230
situations or for the other purposes noted in this section,	36231
including, but not limited to, costs related to the disturbance	36232
that occurred on April 11, 1993, at the Southern Ohio Correctional	36233
Facility in Lucasville, Ohio. Following each increase in	36234
appropriation in appropriation item 911-401, Emergency	36235
Purposes/Contingencies, approved by the Controlling Board, the	36236
Director of Budget and Management may transfer an amount equal to	36237
the appropriation increase, in an amount not to exceed $4,000,000	36238
in each of fiscal years 2008 and 2009, from the Disaster Services	36239
Fund (Fund 5E2) to the General Revenue Fund.	36240

FEDERAL SHARE

36241

In transferring appropriations to or from appropriation items	36242
that have federal shares identified in Am. Sub. H.B. 119 of the	36243
127th General Assembly, the Controlling Board shall add or	36244
subtract corresponding amounts of federal matching funds at the	36245
percentages indicated by the state and federal division of the	36246
appropriations in Am. Sub. H.B. 119 of the 127th General	36247
Assembly. Such changes are hereby appropriated.	36248

DISASTER ASSISTANCE

36249

Pursuant to requests submitted by the Department of Public	36250
Safety, the Controlling Board may approve transfers from	36251
appropriation item 911-401, Emergency Purposes/Contingencies, to	36252
Department of Public Safety appropriation items to provide funding	36253
for assistance to political subdivisions and individuals made	36254
necessary by natural disasters or emergencies. Such transfers may	36255
be requested and approved prior to or following the occurrence of	36256
any specific natural disasters or emergencies in order to	36257
facilitate the provision of timely assistance.	36258

DISASTER SERVICES

36259

Pursuant to requests submitted by the Department of Public	36260
Safety, the Controlling Board may approve transfers from the	36261
Disaster Services Fund (5E2) to a Department of Public Safety fund	36262
and appropriation item to provide for assistance to political	36263
subdivisions made necessary by natural disasters or emergencies.	36264
These transfers may be requested and approved prior to the	36265
occurrence of any specific natural disasters or emergencies in	36266
order to facilitate the provision of timely assistance. The	36267
Emergency Management Agency of the Department of Public Safety	36268
shall use the funding to fund the State Disaster Relief Program	36269
for disasters that have been declared by the Governor, and the	36270
State Individual Assistance Program for disasters that have been	36271
declared by the Governor and the federal Small Business	36272
Administration. The Ohio Emergency Management Agency shall publish	36273
and make available application packets outlining procedures for	36274
the State Disaster Relief Program and the State Individual	36275
Assistance Program.	36276

The Disaster Services Fund (5E2) shall be used by the	36277
Controlling Board, pursuant to requests submitted by state	36278
agencies, to transfer cash and appropriation authority to any fund	36279
and appropriation item for the payment of state agency disaster	36280
relief program expenses for disasters declared by the Governor,	36281
if the Director of Budget and Management determines that	36282
sufficient funds exist.	36283

The unencumbered balance of the Disaster Services Fund (5E2)	36284
at the end of fiscal year 2008 is transferred to fiscal year 2009	36285
for use for the same purposes as in fiscal year 2009.	36286

SOUTHERN OHIO CORRECTIONAL FACILITY COST

36287

The Division of Criminal Justice Services in the Department	36288
of Public Safety and the Public Defender Commission may each	36289
request, upon approval of the Director of Budget and Management,	36290
additional funds from appropriation item 911-401, Emergency	36291
Purposes/Contingencies, for costs related to the disturbance that	36292
occurred on April 11, 1993, at the Southern Ohio Correctional	36293
Facility in Lucasville, Ohio.	36294

MANDATE ASSISTANCE

36295

(A) The foregoing appropriation item 911-404, Mandate	36296
Assistance, shall be used to provide financial assistance to local	36297
units of government and school districts for the cost of the	36298
following two state mandates:	36299

(1) The cost to county prosecutors for prosecuting certain	36300
felonies that occur on the grounds of state institutions operated	36301
by the Department of Rehabilitation and Correction and the	36302
Department of Youth Services;	36303

(2) The cost to school districts of in-service training for	36304
child abuse detection.	36305

(B) The Division of Criminal Justice Services in the	36306
Department of Public Safety and the Department of Education may	36307
prepare and submit to the Controlling Board one or more requests	36308
to transfer appropriations from appropriation item 911-404,	36309
Mandate Assistance. The state agencies charged with this	36310
administrative responsibility are listed below, as well as the	36311
estimated annual amounts that may be used for each program of	36312
state financial assistance.	36313

		ESTIMATED	36314
	ADMINISTERING	ANNUAL	36315
PROGRAM	AGENCY	AMOUNT	36316

Prosecution Costs	Division of Criminal	$150,000	36317
	Justice Services		36318
Child Abuse Detection Training Costs	Department of Education	$500,000	36319

(C) Subject to the total amount appropriated in each fiscal	36320
year for appropriation item 911-404, Mandate Assistance, the	36321
Division of Criminal Justice Services in the Department of Public	36322
Safety and the Department of Education may request from the	36323
Controlling Board that amounts smaller or larger than these	36324
estimated annual amounts be transferred to each program.	36325

(D) In addition to making the initial transfers requested by	36326
the Division of Criminal Justice Services in the Department of	36327
Public Safety and the Department of Education, the Controlling	36328
Board may transfer appropriations received by a state agency under	36329
this section back to appropriation item 911-404, Mandate	36330
Assistance, or to the other program of state financial assistance	36331
identified under this section.	36332

(E) It is expected that not all costs incurred by local units	36333
of government and school districts under each of the two programs	36334
of state financial assistance identified in this section will be	36335
fully reimbursed by the state. Reimbursement levels may vary by	36336
program and shall be based on: the relationship between the	36337
appropriation transfers requested by the Division of Criminal	36338
Justice Services in the Department of Public Safety and the	36339
Department of Education and provided by the Controlling Board for	36340
each of the programs; the rules and procedures established for	36341
each program by the administering state agency; and the actual	36342
costs incurred by local units of government and school districts.	36343

(F) Each of these programs of state financial assistance	36344
shall be carried out as follows:	36345

(1) PROSECUTION COSTS

36346

(a) Appropriations may be transferred to the Division of	36347
Criminal Justice Services in the Department of Public Safety to	36348
cover local prosecution costs for aggravated murder, murder,	36349
felonies of the first degree, and felonies of the second degree	36350
that occur on the grounds of institutions operated by the	36351
Department of Rehabilitation and Correction and the Department of	36352
Youth Services.	36353

(b) Upon a delinquency filing in juvenile court or the return	36354
of an indictment for aggravated murder, murder, or any felony of	36355
the first or second degree that was committed at a Department of	36356
Youth Services or a Department of Rehabilitation and Correction	36357
institution, the affected county may, in accordance with rules	36358
that the Division of Criminal Justice Services in the Department	36359
of Public Safety shall adopt, apply to the Division of Criminal	36360
Justice Services for a grant to cover all documented costs that	36361
are incurred by the county prosecutor's office.	36362

(c) Twice each year, the Division of Criminal Justice	36363
Services in the Department of Public Safety shall designate	36364
counties to receive grants from those counties that have submitted	36365
one or more applications in compliance with the rules that have	36366
been adopted by the Division of Criminal Justice Services for the	36367
receipt of such grants. In each year's first round of grant	36368
awards, if sufficient appropriations have been made, up to a total	36369
of $100,000 may be awarded. In each year's second round of grant	36370
awards, the remaining appropriations available for this purpose	36371
may be awarded.	36372

(d) If for a given round of grants there are insufficient	36373
appropriations to make grant awards to all the eligible counties,	36374
the first priority shall be given to counties with cases involving	36375
aggravated murder and murder; second priority shall be given to	36376
counties with cases involving a felony of the first degree; and	36377
third priority shall be given to counties with cases involving a	36378
felony of the second degree. Within these priorities, the grant	36379
awards shall be based on the order in which the applications were	36380
received, except that applications for cases involving a felony of	36381
the first or second degree shall not be considered in more than	36382
two consecutive rounds of grant awards.	36383

(2) CHILD ABUSE DETECTION TRAINING COSTS

36384

Appropriations may be transferred to the Department of	36385
Education for disbursement to local school districts as full or	36386
partial reimbursement for the cost of providing in-service	36387
training for child abuse detection. In accordance with rules that	36388
the department shall adopt, a local school district may apply to	36389
the department for a grant to cover all documented costs that are	36390
incurred to provide in-service training for child abuse detection.	36391
The department shall make grants within the limits of the funding	36392
provided.	36393

(G) Any moneys allocated within appropriation item 911-404,	36394
Mandate Assistance, not fully utilized may, upon application of	36395
the Ohio Public Defender Commission, and with the approval of the	36396
Controlling Board, be disbursed to boards of county commissioners	36397
to provide additional reimbursement for the costs incurred by	36398
counties in providing defense to indigent defendants pursuant to	36399
Chapter 120. of the Revised Code. Application for the unutilized	36400
funds shall be made by the Ohio Public Defender Commission at the	36401
first June meeting of the Controlling Board.	36402

The amount to be disbursed to each county shall be allocated	36403
proportionately on the basis of the total amount of reimbursement	36404
paid to each county as a percentage of the amount of reimbursement	36405
paid to all of the counties during the most recent state fiscal	36406
year for which data is available and as calculated by the Ohio	36407
Public Defender Commission.	36408

BALLOT ADVERTISING COSTS

36409

Pursuant to requests submitted by the ~~Ohio Ballot Board~~	36410
Secretary of State, the Controlling Board shall approve transfers	36411
from the foregoing appropriation item 911-441, Ballot Advertising	36412
Costs, to ~~the~~a Secretary of State appropriation item in order to	36413
pay for the cost of public notices associated with statewide	36414
ballot initiatives.	36415

Of the foregoing appropriation item 911-441, Ballot	36416
Advertising Costs, up to $1,100,000 in fiscal year 2008 shall be	36417
used to reimburse county boards of elections for all costs of	36418
conducting any special election during fiscal year 2008.	36419

The unencumbered balance of appropriation item 991-441,	36420
Ballot Advertising Costs, at the end of fiscal year 2008 shall be	36421
transferred to fiscal year 2009 for use under the same	36422
appropriation item. The amounts transferred are hereby	36423
appropriated.	36424

Section 610.45. That existing Section 249.10 of Am. Sub. H.B.	36425
119 of the 127th General Assembly, as amended by Am. Sub. S.B. 155	36426
of the 127th General Assembly, is hereby repealed.	36427

Section 610.50. That Sections 101.10, 103.80.50, 201.30,	36428
201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B. 496 of	36429
the 127th General Assembly be amended to read as follows:	36430

Sec. 101.10. All items set forth in this section are hereby	36431
appropriated out of any moneys in the General Revenue Fund (GRF)	36432
that are not otherwise appropriated:	36433

Reappropriations

DAS DEPARTMENT OF ADMINISTRATIVE SERVICES	36434

C10002	Rural Areas Community Improvements	$	20,000	36435
C10008	Urban Areas Community Improvements	$	868,900	36436
Total Department of Administrative Services		$	888,900	36437
TOTAL GRF General Revenue Fund		$	888,900	36438

RURAL AREAS COMMUNITY IMPROVEMENTS

36439

The foregoing appropriation item C10002, Rural Areas	36440
Community Improvements, shall be granted for the Red Mill Creek	36441
Water Retention Basin.	36442

URBAN AREAS COMMUNITY IMPROVEMENTS

36443

From the foregoing appropriation item C10008, Urban Areas	36444
Community Improvements, grants shall be made for the following	36445
projects: $50,000 for the Brown Senior Center Renovations;	36446
$100,000 for Project AHEAD Facility Improvements; $75,000 for the	36447
J. Frank-Troy Senior Citizens Center; $23,900 for the Canton	36448
Jewish Women's Center; ~~$450,000 for the Gateway Social Services~~	36449
~~Building;~~$200,000 for Pro Football Hall of Fame festival facility	36450
improvements; $100,000 for the Children's Network of Stark County;	36451
$75,000 for the Community Treatment and Correction Center, Inc.;	36452
$75,000 for Trillium Family Solutions; $50,000 for the Loew	36453
Field Improvements; $20,000 for the Harvard Community Services	36454
Center Renovation & Expansion; $20,000 for the Collinwood	36455
Community Service Center Repair & Renovation; and $80,000 for	36456
Bowman Park - City of Toledo.	36457

Reappropriations

Sec. 103.80.50. EXP EXPOSITIONS COMMISSION

36458

C72300	Electric and Lighting Upgrade	$	112,020	36459
C72301	Land Acquisition	$	5,240	36460
C72303	Building Renovations - 5	$	4,576,484	36461
C72305	Facility Improvements and Modernization Plan	$	131,771	36462
C72309	Masonry Renovations	$	59,824	36463
C72310	Restroom Renovations	$	9,559	36464
C72312	Emergency Renovations and Equipment Replacement	$	891,533	36465
~~C72314~~	~~Multi-purpose Building~~	$	~~14,000,000~~	36466
Total Expositions Commission		$	~~19,786,431~~ 5,786,431	36467

Sec. 201.30. All items set forth in this section are hereby	36469
appropriated out of any moneys in the state treasury to the	36470
credit of the Cultural and Sports Facilities Building Fund (Fund	36471
7030) that are not otherwise appropriated:	36472

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	36473

C37102	Center of Science and Industry - Toledo	$	12,268	36474
C37114	Woodward Opera House Renovation	$	1,150,000	36475
C37118	Statewide Site Repairs	$	100,100	36476
C37124	Waco Museum & Aviation Learning Center	$	500,000	36477
C37131	Bramley Historic House	$	75,000	36478
C37132	Beck Center for the Cultural Arts	$	100,000	36479
C37133	Delaware County Cultural Arts Center	$	40,000	36480
C37137	West Side Arts Consortium	$	138,000	36481
C37138	Ice Arena Development	$	5,500,000	36482
C37139	Stan Hywet Hall & Gardens	$	1,000,000	36483
C37141	Spring Hill Historic Home	$	125,000	36484
C37143	Lorain Palace Civic Theatre	$	200,000	36485
C37144	Great Lakes Historical Society	$	150,000	36486
C37153	Historic Sites and Museums	$	980,319	36487
C37155	Buffington Island State Memorial	$	33,475	36488
C37182	Lorain County Historical Society	$	300,000	36489
C37184	Marion Palace Theatre	$	1,575,000	36490
C37185	McConnellsville Opera House	$	75,000	36491
C37186	Secrest Auditorium	$	75,000	36492
C37187	Renaissance Theatre	$	700,000	36493
C37188	Trumpet in the Land	$	100,000	36494
C37189	Mid-Ohio Valley Players	$	80,000	36495
C37190	The Anchorage	$	50,000	36496
C37193	Galion Historic Big Four Depot Restoration	$	170,000	36497
C37195	Lake County Historical Society	$	250,000	36498
C37196	Hancock Historical Society	$	75,000	36499
C37197	Riversouth Development	$	1,000,000	36500
C37198	Ft. Piqua Hotel	$	200,000	36501
C37199	Marina District Amphitheatre and Related Development	$	2,000,000	36502
C371A1	Lima Historic Athletic Field	$	100,000	36503
C371A3	Voice Of America Museum	$	275,000	36504
C371A5	Clark County Community Arts Expansion Project	$	500,000	36505
C371A6	Westcott House Historic Site	$	75,000	36506
C371A8	Miami Township Community Amphitheatre	$	50,000	36507
C371A9	Western Reserve Historical Society	$	2,500,000	36508
C371B0	Cleveland Steamship Mather Museum	$	100,000	36509
C371B5	Arts Castle	$	100,000	36510
C371B6	Cincinnati Art and Technical Academy	$	325,000	36511
C371B7	Ohio Glass Museum	$	250,000	36512
C371B9	Ariel Theatre	$	100,000	36513
C371C2	Ensemble Theatre	$	450,000	36514
C371C4	Art Academy of Cincinnati	$	100,000	36515
C371C5	Riverbend Pavilion Improvements	$	250,000	36516
C371C7	Music Hall: Over-The-Rhine	$	750,000	36517
C371C8	John Bloomfield Home Restoration	$	720	36518
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	36519
C371D1	Art Deco Markay Theatre	$	200,000	36520
C371D4	Broad Street Historical Renovation	$	300,000	36521
C371D5	Amherst Historical Society	$	35,000	36522
C371D6	COSI - Toledo	$	980,000	36523
C371D7	Ohio Theatre - Toledo	$	100,000	36524
C371E2	Aurora Outdoor Sports Complex	$	50,000	36525
C371E3	Preble County Historical Society	$	100,000	36526
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	36527
C371F0	Richard Howe House	$	100,000	36528
C371F2	Packard Music Hall Renovation Project	$	575,000	36529
C371F3	Holland Theatre	$	100,000	36530
C371F6	Marietta Colony Theatre	$	335,000	36531
C371G7	Huntington Park	$	7,000,000	36532
C371G9	Riverbend - Cincinnati Symphony	$	3,000,000	36533
C371H0	Marina District Amphitheatre	$	2,900,000	36534
C371H1	Cincinnati Museum Center	$	2,000,000	36535
C371H2	National Underground Railroad Freedom Center	$	2,000,000	36536
C371H4	Pro Football Hall of Fame	$	1,650,000	36537
C371H5	Heritage Center - Dayton	$	1,300,000	36538
C371H6	Western Reserve Historical Society	$	1,000,000	36539
C371H7	COSI Columbus	$	1,000,000	36540
C371H8	Columbus Museum of Art	$	1,000,000	36541
C371I0	Stan Hywet Hall and Gardens	$	1,175,000	36542
C371I1	Akron Art Museum	$	1,000,000	36543
C371I2	Sauder Village	$	830,000	36544
C371I3	Horvitz Center for the Arts	$	750,000	36545
C371I4	Ensemble Theatre	$	750,000	36546
C371I5	Voice of America Museum	$	750,000	36547
C371I6	Cleveland Steamship Mather	$	600,000	36548
C371I7	Cuyahoga County Soldier and Sailor Monument	$	500,000	36549
C371I8	King-Lincoln Arts and Entertainment District	$	500,000	36550
C371I9	Art Academy of Cincinnati	$	500,000	36551
C371J0	Great Lakes Historical Society	$	500,000	36552
C371J3	Davis Shai Historical Facility	$	300,000	36553
C371J4	Massillon Museum	$	275,000	36554
C371J5	The Mandel Center	$	250,000	36555
C371J6	Peggy R McConnell Arts Center	$	250,000	36556
C371J7	Columbus College of Art and Design	$	250,000	36557
C371J9	Stambaugh Hall Improvements	$	250,000	36558
C371K0	Youngstown Symphony Orchestra	$	250,000	36559
C371K1	Wood County Historical Center/Museum	$	220,000	36560
C371K3	Cincinnati Ballet	$	200,000	36561
C371K4	City of Avon Stadium Complex	$	200,000	36562
C371K5	Renaissance Performing Arts Center	$	200,000	36563
C371K6	Oxford Arts Center	$	174,000	36564
C371K7	Wayne County Historical Society	$	170,000	36565
C371K8	Maumee Valley Historical Society	$	150,000	36566
C371K9	Trumbull County Historical Society	$	150,000	36567
C371L0	First Lunar Flight Project	$	25,000	36568
C371L1	Holmes County Historical Society Improvements	$	140,000	36569
C371L2	~~Canal Winchester Historical Society~~ Westerville Parks & Recreation Firefighters Memorial/First Responder Park	$	125,000	36570
C371L3	Ukranian Museum	$	100,000	36571
C371L4	Gordon Square Arts District	$	100,000	36572
C371L5	Moreland Theatre Renovation	$	100,000	36573
C371L6	Karamu House	$	100,000	36574
C371L7	Symmes Township Historical Society	$	100,000	36575
C371L8	Springfield Veterans Park Amphitheatre	$	100,000	36576
C371L9	Gallia County Historical Genealogical Society	$	100,000	36577
C371M1	The Octagon House	$	100,000	36578
C371M2	Vinton County Stage-Pavilion Project	$	100,000	36579
C371M3	County Line Historical Society-Wayne/Holmes	$	100,000	36580
C371M4	Paul Brown Museum	$	75,000	36581
C371M5	The Works Ohio Center for History, Art and Technology	$	75,000	36582
C371M8	Hale Farm and Village	$	50,000	36583
C371M9	Howe House Historic Site	$	50,000	36584
C371N0	Beavercreek Community Theatre	$	50,000	36585
C371N1	Jamestown Opera House	$	50,000	36586
C371N2	Johnny Appleseed Museum	$	50,000	36587
C371N3	Vinton County Historical Society Alice House Project	$	50,000	36588
C371N4	Woodward Opera House Renovations	$	50,000	36589
C371N5	Little Brown Jug Facility Improvements	$	50,000	36590
C371N6	Applecreek Historical Society	$	50,000	36591
C371N7	Wyandot Historic Courthouse	$	50,000	36592
C371N8	Galion Historical Big 4 Depot	$	30,000	36593
C371N9	Bucyrus Historic Depot Renovations	$	30,000	36594
C371O1	Arts West Performing Arts Center	$	25,000	36595
C371O2	Chester Academy Historical Site	$	25,000	36596
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	36597
C371O4	Morgan County Opera House	$	25,000	36598
C371O5	Crawford Antique Museum	$	9,000	36599
C371O6	Monroe City Historical Society Building Repair	$	5,000	36600
C371O7	Wright Dunbar Historical Facility	$	250,000	36601
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	36602
C371P1	WACO Aircraft Museum	$	30,000	36603
C371P2	Bradford Railroad Museum	$	30,000	36604
C371P3	Cincinnati Ballet Facility	$	415,000	36605
C371P5	Fort Recovery Renovations	$	100,000	36606
C371P6	Music Hall Garage	$	1,000,000	36607
C371P7	Hip Klotz Memorial	$	150,000	36608
C371P8	AB Graham Center	$	40,000	36609
Total Cultural Facilities Commission		$	64,803,882	36610
TOTAL Cultural and Sports Facilities Building Fund		$	64,803,882	36611

Sec. 201.50. All items set forth in this section are hereby	36613
appropriated out of any moneys in the state treasury to the credit	36614
of the School Building Program Assistance Fund (Fund 7032) that	36615
are not otherwise appropriated:	36616

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	36617

C23002	School Building Program Assistance	$	3,572,253,121	36618
C23005	Exceptional Needs	$	28,504,951	36619
C23010	Vocation Facilities Assistance Program	$	11,115,616	36620
Total School Facilities Commission		$	3,611,873,688	36621
TOTAL School Building Program Assistance Fund		$	3,611,873,688	36622

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

36623

Of the foregoing appropriation item C23002, School Building	36624
Program Assistance, $37,080,000 shall be used for constructing new	36625
facilities, or renovating existing facilities, or both, on the	36626
current campuses of the Ohio State School for the Blind and the	36627
Ohio School for the Deaf. Notwithstanding sections 123.01 and	36628
123.15 of the Revised Code and in addition to its powers under	36629
Chapter 3318. of the Revised Code, the Ohio School Facilities	36630
Commission shall administer the project pursuant to the memorandum	36631
of understanding that the Ohio State School for the Blind, the	36632
Ohio School for the Deaf, and the Ohio School Facilities	36633
Commission signed on October 31, 2007. The project shall comply	36634
to the fullest extent possible with the specifications and	36635
policies set forth in the Ohio School Facilities Design Manual and	36636
shall not be considered a part of any program created under	36637
Chapter 3318. of the Revised Code. As agreed to by the parties in	36638
the memorandum of understanding, $37,080,000 is sufficient to	36639
complete the construction or renovation of the facilities needed	36640
for the education of both the deaf and blind student communities	36641
and additional appropriations will not be required. Upon issuance	36642
by the Commission of a certificate of completion of the project,	36643
the Commission's participation in the project shall end.	36644

The Executive Director of the Ohio School Facilities	36645
Commission shall comply with the procedures and guidelines	36646
established in Chapter 153. of the Revised Code. Upon the release	36647
of funds for the project by the Controlling Board or the Director	36648
of Budget and Management, the Commission may administer the	36649
project without the supervision, control, or approval of the	36650
Director of Administrative Services. Any references to the	36651
Director of Administrative Services in the Revised Code, with	36652
respect to the administration of the project, shall be read as if	36653
they referred to the Director of the Ohio School Facilities	36654
Commission.	36655

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

36656

C24000	Basic Renovations	$	10,751,883	36657
C24001	Basic Renovations - Firelands	$	811,360	36658
C24002	Instructional and Data Processing Equipment	$	1,200,186	36659
C24004	ADA Modifications	$	19,544	36660
C24005	Child Care Facility	$	49,406	36661
C24007	Materials Network	$	90,981	36662
C24008	Video Link	$	10,644	36663
C24013	Hannah Hall Rehabilitation	$	2,005,522	36664
C24014	Biology Lab Renovation	$	12,533,708	36665
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	36666
C24016	Student Learning	$	13,149	36667
C24017	Video Teaching Network	$	5,436	36668
C24019	Kinetic Spectrometry Consortium	$	77,671	36669
C24020	Admissions Visitor Center	$	3,000,000	36670
C24021	Theatre/Performing Arts Complex	$	8,750,000	36671
C24022	University Hall Rehabilitation	$	1,174,981	36672
C24025	Administration Building Fire Alarm System	$	83,986	36673
C24026	Campus-Wide Carpet Upgrade	$	329,700	36674
C24027	Reroof East, West, and North Buildings	$	173,999	36675
C24028	Instructional Laboratory - Phase 1	$	960,000	36676
C24031	Health Center Addition	$	9,750,000	36677
C24032	Student Services Building Replacement	$	8,100,000	36678
C24033	BGU Aviation Improvements	$	500,000	36679
C24034	Tunnel Upgrade-Phase II	$	98,820	36680
C24035	Library Depository Northwest	$	56,000	36681
C24036	Wood County Environmental Health Project	$	700,000	36682
Total Bowling Green State University		$	~~60,551,875~~ 61,251,875	36683

Reappropriations

Sec. 301.20.80. OSU OHIO STATE UNIVERSITY

36685

C31500	Basic Renovations	$	34,349,496	36686
C31501	Basic Renovations - Regional Campuses	$	6,506,516	36687
C31502	Brown Hall Annex Replacement	$	6,213	36688
C31505	Basic Renovations - ATI	$	129,714	36689
C31506	Supplemental Renovations - OARDC	$	3,319,202	36690
C31507	Supplemental Renovations - Regional	$	191,955	36691
C31508	Dreese Lab Addition	$	5,953	36692
C31510	Bioscience/Parks Hall Addition	$	12,584	36693
C31512	Greenhouse Modernization	$	40,982	36694
C31515	Life Sciences Research Building	$	218,170	36695
C31520	Food Science & Technology Building	$	92,786	36696
C31522	Heart & Lung Institute	$	32,437	36697
C31523	Superconducting Radiation	$	65,094	36698
C31524	Brain Tumor Research Center	$	6,001	36699
C31525	Engineering Center Net Shape Manufacturing	$	20,730	36700
C31526	Membrane Protein Typology	$	8,835	36701
C31527	Instructional and Data Processing Equipment	$	6,014,848	36702
C31528	Fine Particle Technologies	$	116,770	36703
C31529	Advanced Plasma Engineering	$	22,690	36704
C31530	Plasma Ramparts	$	1,150	36705
C31531	IN-SITU AL-BE Composites	$	1,733	36706
C31532	Jay Cooke Residence - Roof and Windows	$	86,668	36707
C31535	Asbestos Abatement	$	5,325	36708
C31536	Materials Network	$	91,983	36709
C31537	Bio-Technology Consortium	$	42,378	36710
C31538	Analytical Electron Microscope	$	375,000	36711
C31539	High Temp Alloys & Alluminoids	$	220,000	36712
C31541	Supplemental Renovations - ATI	$	33,969	36713
C31542	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	36714
C31543	McPherson Lab Rehabilitation	$	37,243	36715
C31544	Heart and Lung Institute	$	101,808	36716
C31546	ADA Modifications - ATI	$	41,936	36717
C31547	ADA Modifications - Lima	$	358	36718
C31548	ADA Modifications - Mansfield	$	15,253	36719
C31550	Titanium Alloys	$	54,912	36720
C31552	Advanced Manufacturing	$	38,579	36721
C31553	Manufacturing Processes/Materials	$	62,574	36722
C31554	Terhertz Studies	$	35,294	36723
C31556	Marion Park/Road/Sidewalk/Lights	$	2,750	36724
C31557	Pomerene Lighting/Wiring	$	249,584	36725
C31558	NMR Consortium	$	75,116	36726
C31559	Versatile Film Facility	$	62,872	36727
C31560	OCARNET	$	5,916	36728
C31561	Bioprocessing Research	$	1,905	36729
C31562	Localized Corrosion Research	$	6,128	36730
C31563	ATM Testbed	$	3,633	36731
C31564	Physical Sciences Building	$	79,383	36732
C31565	Morrill Hall Remodeling - Vacated Library Space - Marion	$	923	36733
C31568	Sisson Hall Replacement	$	5,537	36734
C31570	Machinery Acoustics	$	3,804	36735
C31571	Sensors and Measurements	$	15,115	36736
C31572	Polymer Magnets	$	1,099	36737
C31574	A1 Alloy Corrosion	$	14,292	36738
C31578	Page Hall Planning	$	7,210	36739
C31579	Botany & Zoology Building Planning	$	209,467	36740
C31581	Robinson Laboratory Planning	$	36,765	36741
C31582	Don Scott Field Replacement Barns	$	1,495,619	36742
C31583	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	36743
C31584	Horticultural Operations Center - ATI	$	1,475,400	36744
C31585	OARDC Feed Mill	$	5,050,968	36745
C31587	Biological Sciences Cooling Tower	$	6,930	36746
C31589	Mount Hall HVAC Modifications	$	40,982	36747
C31591	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	36748
C31592	Plant and Microbe Functional Genomics Facilities	$	16,259	36749
C31593	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	149,066	36750
C31594	Bone & Mineral Metabolism Research Lab	$	5,845	36751
C31597	Animal & Plant Biology Level 3	$	8,133,780	36752
C31598	Main Library Rehabilitation	$	56,456,214	36753
C31599	Psychology Building	$	57,722	36754
C315A0	Thorne Hall and Gowley Hall Renovations - Phase 3	$	598,043	36755
C315A2	Nanosecond Infrared Measurement	$	2,588	36756
C315A4	Millimeter/Submillimeter Instrument	$	5,919	36757
C315A5	X-Ray Powder Diffractometer	$	558	36758
C315A6	Deconvolution Microscope	$	1,101	36759
C315B2	Denney Hall Renovation - Phase I	$	18,495	36760
C315B3	Ion Mass Spectrometry	$	6,594	36761
C315B5	Role of Molecular Interfaces	$	17,773	36762
C315B8	New Millimeter Spectrometer	$	24,996	36763
C315C2	1224 Kinnear Road - Bale	$	11,105	36764
C315C3	Non-Silicon Micromachining	$	73,991	36765
C315C4	High Performance Computing	$	2,910	36766
C315C5	Veterinary Hospital Auditorium Renovation	$	7,736	36767
C315D0	OARDC Boiler Replacement	$	656,442	36768
C315D2	Supercomputer Center Expansion	$	1,600,414	36769
C315D5	Information Literacy	$	24,824	36770
C315D6	Online Business Major	$	6,618	36771
C315D8	Renovation of Graves Hall	$	68,196	36772
C315E0	OARDC Wooster Phone System Replacement	$	467,398	36773
C315E1	Utility - North Tunnel Steamline Upgrade	$	114,298	36774
C315E2	Dual Beam Characterization	$	150,000	36775
C315E6	Environmental Technology Consortium	$	11,297	36776
C315E7	Campbell, University, and Evans Hall	$	45,877	36777
C315E8	Laboratory Animal Facility	$	83,481	36778
C315F1	Western Branch Headquarters & Machinery Building	$	662,850	36779
C315F2	Muck Crops Branch/Shop Building Replacement	$	782,173	36780
C315F3	Hazardous Waste Handling/Storage Building	$	1,103,062	36781
C315F4	Agriculture/Engineering Building Renovation & Addition	$	200,000	36782
C315F5	~~Wood County Center for Agriculture~~ OSU Extension Office/Agriculture Business Enhancement Center	$	~~1,000,000~~ 300,000	36783
C315F6	Community Heritage Art Gallery - Lima	$	100,000	36784
C315F8	Nanotechnology Molecular Assembly	$	437,296	36785
C315F9	Networking and Communication	$	478,761	36786
C315G0	Planetary Gear	$	125,000	36787
C315G1	X-Ray Fluorenscence Spectrometer	$	2,283	36788
C315G2	Precision Navigation	$	85,000	36789
C315G3	Welding & Metal Working	$	200,000	36790
C315G5	Inductively Coupled Plasma Etching	$	126,492	36791
C315G6	Accelerated Metals	$	1,020,331	36792
C315G7	Mathematical Biosciences Institute	$	9,819	36793
C315G9	Mershon Auditorium HVAC System Improvements	$	3,379	36794
C315H0	Molecular Microdevices	$	2,066	36795
C315H1	Research Center HVAC System Improvements	$	38,052	36796
C315H2	Infrared Absorption Measurements	$	3,423	36797
C315H3	Dark Fiber	$	2,532,628	36798
C315H4	Shared Data Backup System	$	96,876	36799
C315H6	Third Frontier Network Testbed	$	202,763	36800
C315H7	Distributed Learning Workshop	$	2,500	36801
C315H8	Accelerated Maturation of Materials	$	42,279	36802
C315H9	Nanoscale Polymers Manufacturing	$	358,802	36803
C315J0	Hydrogen Production and Storage	$	217	36804
C315J1	Ohio Organic Semiconductor	$	226,422	36805
C315J4	Comprehensive Cancer - Chiller Replacement	$	19,187	36806
C315J5	Kottman Hall - 103 Central Classroom	$	20,893	36807
C315J7	Low Cost Nanocomposite Foams	$	101,705	36808
C315J8	West Campus Chilled Water & Scott Hall	$	20,093	36809
C315J9	McCracken Power Plant Spill Control	$	120,251	36810
C315K0	Glacial Assessment	$	22,764	36811
C315K2	Center for Advanced Propulsion and Power	$	1,313,076	36812
C315K3	Parks Hall Chiller Replacement	$	134,678	36813
C315K4	Hybrid Electric Vehicle Modeling	$	363,452	36814
C315K5	Computational Nanotechnology	$	500,000	36815
C315K6	Townshend Hall - Roof Replacement	$	328,772	36816
C315K8	Veterinary Hospital Roof Replacement Phase II	$	174,815	36817
C315K9	Hopkins Hall Phase II Priorities I, II	$	41,756	36818
C315L0	Bioscience 6th Floor Renovation - Priority	$	140,937	36819
C315L1	Ohio Commons For Digital Education	$	14,594	36820
C315L2	Postle Hall Fire Alarm Replacement	$	116,441	36821
C315L3	NonCredit Job Education & Training	$	14,201	36822
C315L4	Campus South Dorms Renovation/Improvements	$	3,767	36823
C315L5	Bricker Hall Roof Replacement	$	23,608	36824
C315L8	Cooperative Control Testbed	$	3,000	36825
C315M0	Neuroscience Center Core	$	576	36826
C315M2	Campus Grounds-Exterior Lighting - Phase VIII	$	31,523	36827
C315M3	930 Kinnear Road Renovations	$	181,402	36828
C315M4	Waterman Lab & Don Scott Field	$	23,528	36829
C315M5	Lincoln Tower Renovations - Phase I	$	254,767	36830
C315M6	Coe Corrosion Coop	$	56,781	36831
C315M7	OSU Cancer Program Expansion	$	2,000,000	36832
C315M8	Smith Laboratory Rehabilitation	$	2,799,448	36833
C315M9	Warner Library and Student Center	$	1,618,275	36834
C315N0	Hopewell Hall Science Suite	$	508,408	36835
C315N1	Atomic Force Microscopy	$	180,000	36836
C315N2	Interactive Applications	$	344,865	36837
C315N3	Platform Lab	$	76,685	36838
C315N4	Integrated Biomass to Electricity	$	392,680	36839
C315N8	Center for Polymer Nanomaterials	$	9,801,899	36840
C315N9	Ohio Bioproducts Innovation Center	$	7,765,250	36841
C315P1	Specialized Planetary Gears	$	40,920	36842
C315P2	OSU Agricultural Building	$	295,409	36843
C315P3	Automated AFM System	$	618	36844
C315P4	Integrated Wireless Communication	$	3,454	36845
C315P5	Newton Hall-Roof Replacement	$	140,646	36846
C315P6	Chirped-Pulse Amplifier	$	258,732	36847
C315P7	Central Classroom Building Renovation	$	55,686	36848
C315P9	Airport Hangers 1 2 & 3 Roof Replacement	$	485,250	36849
C315Q0	Veterinary Hospital Holding Replacement	$	1,902,970	36850
C315Q1	Aeronautical and Astronautical Research Lab-Roof Replacement	$	676,482	36851
C315Q2	Superconductivity Technology Center	$	324,136	36852
C315Q3	Periodic Materials Assemblies	$	60,239	36853
C315Q4	Biological Sciences Building Supply Fan Replacement	$	628,573	36854
C315Q5	Biological Sciences Building-Fume Hood Repairs	$	968,531	36855
C315Q6	Kottman Hall Fume Hood Repairs	$	1,476,940	36856
C315Q7	Photonic Force Microscope	$	4,887	36857
C315Q9	Brown Hall Renovation/Replacement	$	3,500,000	36858
C315R0	Hughes Hall Renovation	$	1,500,000	36859
C315R1	COMPH Academic Center	$	5,000,000	36860
C315R2	Murray Hall Renovation	$	1,000,000	36861
C315R3	New Student Life Building	$	1,000,000	36862
C315R4	Founders/Hopewell Hall Renovation	$	1,960,080	36863
C315R5	Agricultural and Biological Engineering Building Renovation	$	4,000,000	36864
C315R6	Selby Hall Phytotron Facility Renovation	$	2,000,000	36865
C315R7	Stone Laboratory Resource Facility Improvements	$	500,000	36866
C315R8	OSU Extension Safety Improvements in Madison County	$	94,000	36867
C315R9	Camp Clifton Improvements	$	90,000	36868
C315S0	Delaware Speech & Hearing with OSU Medical College	$	75,000	36869
C315S1	Kottman Hall-Windows/Masonry Renovation	$	1,065,280	36870
C315S2	Postle Hall Partial Window Replacement	$	630,000	36871
C315S3	Celeste Lab Fume Hood Repairs	$	1,000,300	36872
C315S4	Utility Upgrade/East Campus Area	$	45,969	36873
Total Ohio State University		$	~~200,348,786~~ 199,648,786	36874

~~WOOD COUNTY CENTER FOR AGRICULTURE~~OSU EXTENSION	36875
OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER	36876

~~Of the~~The foregoing appropriation item C315F5, ~~Wood County~~	36877
~~Center for Agriculture~~OSU Extension Office/Agriculture Business	36878
Enhancement Center, ~~up to $300,000~~ shall be used for building	36879
renovations to the ~~OSU Extension Office/Ag Business Enhancement~~	36880
Center.	36881

Sec. 401.11. RIVERFRONT IMPROVEMENTS

36882

Of the foregoing reappropriation item C725D0, Riverfront	36883
Improvements, $1,000,000 shall be used for the Riverfront West	36884
Park Development - Cincinnati Park Board, Hamilton County.	36885

LOCAL PARKS PROJECTS

36886

Of the foregoing appropriation item C725E2, Local Parks	36887
Projects, $2,000,000 shall be used for the Center City Park in	36888
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	36889
$1,000,000 shall be used for the East Bank/Flats Project;	36890
$1,000,000 shall be used by the Warren County Park District for	36891
Land Acquisition or Improvements; $540,000 shall be used for Tar	36892
Hollow State Park Improvements; $300,000 shall be used by the City	36893
of Mason for Handicap Accessible Park Improvements; $250,000	36894
shall be used for Van Buren State Park ~~Land Acquisitions~~Camp	36895
Ground Electrification and Restroom Facilities Improvements;	36896
~~$200,000 shall be used for Harrison Village Historical~~	36897
~~Society-Phoenix Park Museum;~~ $200,000 shall be used for Indian	36898
Lake State Park Dredging Improvements; $191,000 shall be used for	36899
Deerfield Township Simpson Creek Erosion Mitigation and Bank	36900
Control; $185,000 shall be used for the City of Wilmington Park	36901
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	36902
Community Tennis Park; $150,000 shall be used for Kelleys Island	36903
Park Improvements; $150,000 shall be used for Perry Township Camp	36904
Improvements; $100,000 shall be used for Mountain Bike	36905
Park/Midtown Cleveland; $100,000 shall be used for the Chester	36906
Township Park; $100,000 shall be used for the Wyoming City	36907
Regional Park; $100,000 shall be used for the Hamilton County	36908
Stadium Facilities; $69,000 shall be used for Miami Erie Canal	36909
Repairs in Spencerville; $60,000 shall be used for Marseilles	36910
Reservoir Bulk Head Project; $50,000 shall be used for	36911
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	36912
used for the Beavercreek Community Athletic Association Facility	36913
and Park Upgrade; $50,000 shall be used for the Columbus Zoo	36914
Education Center; $50,000 shall be used for Dillon State Park	36915
Upgrades; $50,000 shall be used for Indian Lake State Park	36916
Shoreline Improvements; $25,000 shall be used for the Cleveland	36917
Police and Firefighters Memorial Park; $25,000 shall be used	36918
for Grand Lake St. Mary's Improvements; $25,000 shall be used	36919
for Geauga Veterans Monument Park Improvements; $19,000 shall	36920
be used for East Fork State Park-Harsha Lake Dock Improvements;	36921
$10,000 shall be used for the Marine Corps League	36922
Park/Monument; $10,000 shall be used for Huntington Township	36923
Park Improvements; and $5,000 shall be used for Morrow County	36924
Bicentennial Park.	36925

STATEWIDE TRAILS PROGRAM

36926

Of the foregoing reappropriation item C725L8, Statewide	36927
Trails Program, $2,000,000 shall be used for the Ohio to Erie	36928
Trail by Franklin County Metro Parks; $1,900,000 shall be used for	36929
the Cuyahoga Towpath Trail; and $210,000 shall be used for the	36930
Trumbull Bike Trail.	36931

FEDERAL REIMBURSEMENT

36932

All reimbursements received from the federal government for	36933
any expenditures made pursuant to Sections 401.10 and 401.11 of	36934
this act shall be deposited in the state treasury to the credit of	36935
the Parks and Recreation Improvement Fund.	36936

Sec. 401.71. The Ohio Public Facilities Commission is hereby	36937
authorized to issue and sell, in accordance with Section 2m2p of	36938
Article VIII, Ohio Constitution, and pursuant to sections 151.01	36939
and 151.08 of the Revised Code, original obligations of the	36940
state, in an aggregate principal amount not to exceed	36941
$120,000,000, in addition to the original obligations heretofore	36942
authorized by prior acts of the General Assembly. These authorized	36943
obligations shall be issued and sold from time to time, subject to	36944
applicable constitutional and statutory limitations, as needed to	36945
ensure sufficient moneys to the credit of the State Capital	36946
Improvements Fund (Fund 7038) to pay costs of the state in	36947
financing or assisting in the financing of local subdivision	36948
capital improvement projects.	36949

Section 610.51. That existing Sections 101.10, 103.80.50,	36950
201.30, 201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B.	36951
496 of the 127th General Assembly are hereby repealed.	36952

Section 620.10. That Section 375.80.10 of Am. Sub. H.B. 119	36953
of the 127th General Assembly is hereby repealed.	36954

Section 620.20. That Section 5 of Am. Sub. H.B. 24 of the	36955
127th General Assembly is hereby repealed.	36956

Section 701.10. (A) As used in this section, "employer" has	36957
the same meaning as in division (D) of section 145.01 of the	36958
Revised Code.	36959

(B) Notwithstanding the penalty provided for in section	36960
145.47 of the Revised Code as it existed immediately prior to its	36961
amendment by this act, the Public Employees Retirement System	36962
shall recalculate, as described in this section, any penalty	36963
incurred under that section by an employer during the period	36964
beginning April 1, 2006, and ending the day before the effective	36965
date of this section, if the retirement system receives the	36966
recalculated amount not later than thirty days after the effective	36967
date of this section. The penalty shall be recalculated in	36968
accordance with section 145.47 of the Revised Code, as amended by	36969
this act.	36970

(C) If an employer fails to pay the recalculated amount in	36971
accordance with division (B) of this section, the retirement	36972
system shall reinstate to the original amount any penalty that was	36973
recalculated under division (B) of this section. If an employer	36974
fails to pay the reinstated penalty, that amount shall be withheld	36975
from the employer on certification by the Public Employees	36976
Retirement Board to the Director of Budget and Management or the	36977
county auditor, as appropriate.	36978

(D) If, prior to the effective date of this section, an	36979
employer described in division (B) of this section paid the	36980
penalty in accordance with section 145.47 of the Revised Code, as	36981
it existed immediately prior to its amendment by this act, the	36982
retirement system shall credit to the employer's account the	36983
difference between the amount of the penalty that was paid and the	36984
recalculated penalty to reduce any amounts due from the employer	36985
under Chapter 145. of the Revised Code. The credit shall be	36986
completed not later than six months after the effective date of	36987
this section.	36988

Section 703.20. Notwithstanding section 321.261 of the	36989
Revised Code, in any county that has a population exceeding four	36990
hundred thousand according to the most recent decennial census	36991
and upon certification by the county treasurer and the	36992
prosecuting attorney that surplus funds exist in the delinquent	36993
tax and assessment collection fund, a board of county	36994
commissioners of a county may, by resolution, authorize the use of	36995
up to the amount in the county's delinquent tax and assessment	36996
collection fund certified as surplus by the county treasurer and	36997
prosecuting attorney to prevent residential mortgage foreclosures	36998
in the county and to assist municipal corporations located in the	36999
county in the nuisance abatement of deteriorated residential	37000
buildings. The board of county commissioners shall appropriate	37001
moneys to the county treasurer or the prosecuting attorney for use	37002
in the prevention of residential mortgage foreclosures in the	37003
county and to fund grants to nonprofit corporations that are	37004
housing counseling agencies and to fund service contracts with	37005
nonprofit corporations that are housing counseling agencies and	37006
that, in furtherance of foreclosure prevention activities, provide	37007
financial assistance in the form of grants or loans to borrowers	37008
in default on their home mortgages, including for the payment of	37009
late fees, to clear arrearage balances, and to augment moneys used	37010
in the county's Foreclosure Prevention and Homebuyer Education	37011
Programs. The board of county commissioners shall appropriate	37012
moneys to the county treasurer or the prosecuting attorney for	37013
use, upon application from a political subdivision, in the	37014
nuisance abatement of deteriorated residential buildings,	37015
including paying the costs of boarding up and securing those	37016
buildings and lot maintenance and demolition costs.	37017

Section 705.10. Notwithstanding section 5709.73 of the	37018
Revised Code, a board of township trustees of a township with a	37019
population exceeding fifty-five thousand according to the most	37020
recent federal decennial census may adopt a resolution under	37021
division (B) of that section on or before December 31, 2008, by	37022
majority vote. Such a board may adopt a resolution under division	37023
(C) of that section on or before December 31, 2008, by majority	37024
vote, if the other requirements of that division are satisfied.	37025

Section 707.10. The Ohio Police and Fire Pension Fund Board	37026
shall file a semiannual report with the Ohio Retirement Study	37027
Council with respect to any investments sold, redeemed, divested,	37028
or withdrawn due to a company's business ties to Iran or Sudan.	37029

Section 711.10. (A) As used in this section, "Community	37030
development bank" has the meaning as set forth in the "Federal	37031
Deposit Insurance Corporation Improvement Act of 1991," 105 Stat.	37032
2317, 12 U.S.C. 1834b(e)(1).	37033

(B) Notwithstanding any contrary provision of section 135.33	37034
of the Revised Code, a community development bank, pursuant to	37035
that section, may apply to, and be designated by, a county as a	37036
depository of active moneys during the county's period of	37037
designation in effect on the effective date of this section if all	37038
of the following apply:	37039

(1) The bank is located in a county with a population of over	37040
one million three hundred thousand people based on the most recent	37041
decennial census figures from the United States Department of	37042
Commerce, Division of Census;	37043

(2) The bank has previously served the county described in	37044
division (B)(1) of this section as a depository;	37045

(3) The bank applies to the county described in division	37046
(B)(1) of this section to be a depository; and	37047

(4) The bank is an eligible institution under section 135.32	37048
of the Revised Code.	37049

Section 715.10. The Department of Natural Resources and the	37050
Department of Public Safety shall seek all available federal money	37051
to assist the City of Findlay in rebuilding infrastructure or	37052
building preventative infrastructure with respect to flood	37053
mitigation and preparation.	37054

Section 715.20. The General Assembly hereby declares that a	37055
loan that is currently outstanding and that was granted prior to	37056
1995 by the Ohio Water Development Authority to a regional water	37057
and sewer district concerning which the district originally	37058
received only an initial advance of less than $5,000 from an	37059
original loan agreement of $100,000 is hereby void and shall not	37060
be collected by the Authority.	37061

Section 715.40. It is the intent of the General Assembly	37062
that the authorization of a transfer of a portion of the interest	37063
money in the Coal-Workers Pneumoconiosis Fund created in section	37064
4131.03 of the Revised Code, by the amendment of that section by	37065
this act, to the Mine Safety Fund created in section 1561.24 of	37066
the Revised Code, as enacted by this act, is not to be a	37067
long-term funding source for the Mine Safety Fund. In addition,	37068
the General Assembly's authorization of such a transfer by this	37069
act does not establish a precedent for the transfer of money from	37070
other Bureau of Workers' Compensation funds to other funds.	37071
Finally, the Department of Natural Resources shall examine	37072
sources other than the Coal-Workers Pneumoconiosis Fund to	37073
provide money for the Mine Safety Fund and report its findings to	37074
the Bureau of Workers' Compensation Board of Directors	37075
immediately prior to the five-year review of the rules adopted	37076
under division (B)(2) of section 4131.03 of the Revised Code, as	37077
amended by this act.	37078

Section 733.10. (A) As used in this section:

37079

(1) "Eligible school district" means a city, exempted	37080
village, or local school district for which the certification of	37081
taxable values made under division (A) of section 3317.021 of the	37082
Revised Code for fiscal year 2007 and for fiscal year 2008	37083
erroneously included at least ten million dollars in assessed	37084
value of tax-exempt public utility property.	37085

(2) "Tax-exempt public utility property" means real or	37086
tangible personal property used in the provision of a public	37087
utility service that was exempted from taxation for tax years 2005	37088
and 2006 under section 5709.62 or 5709.63 of the Revised Code.	37089

(3) "State education aid" has the same meaning as in section	37090
5751.20 of the Revised Code, except that for fiscal year 2007,	37091
state education aid includes both of the following:	37092

(a) The transportation payment calculated under Section	37093
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as	37094
amended, instead of division (D) of section 3317.022 of the	37095
Revised Code;	37096

(b) Transitional aid calculated under Section 206.09.39 of	37097
that act, as amended.	37098

(4) "2005 valuation adjustment" means the assessed value of	37099
tax-exempt public utility property that was included in the	37100
certification made under division (A) of section 3317.021 of the	37101
Revised Code for fiscal year 2007.	37102

(5) "2006 valuation adjustment" means the assessed value of	37103
tax-exempt public utility property that was included in the	37104
certification made under division (A) of section 3317.021 of the	37105
Revised Code for fiscal year 2008.	37106

(6) "Total taxes charged and payable for current expenses"	37107
has the same meaning as in section 3317.0216 of the Revised Code.	37108

(7) "2005 local revenue adjustment" means the amount of total	37109
taxes charged and payable for current expenses, as calculated for	37110
an eligible school district for fiscal year 2007, that is	37111
attributable to the tax exempt public utility property that was	37112
included in the certification made under division (A)(3)(a) of	37113
section 3317.021 of the Revised Code for that fiscal year.	37114

(8) "2006 local revenue adjustment" means the amount of total	37115
taxes charged and payable for current expenses, as calculated for	37116
an eligible school district for fiscal year 2008, that is	37117
attributable to the tax exempt public utility property that was	37118
included in the certification made under division (A)(3)(a) of	37119
section 3317.021 of the Revised Code for that fiscal year.	37120

(B)(1) The Department of Education shall recompute an	37121
eligible school district's state education aid for fiscal year	37122
2007 by reducing the total taxable value certified for the	37123
district under division (A) of section 3317.021 of the Revised	37124
Code for that fiscal year by an amount equal to the 2005 valuation	37125
adjustment, and by reducing the district's total taxes charged and	37126
payable for current expenses for that fiscal year by the 2005	37127
local revenue adjustment, and pay the district the increase in	37128
state education aid resulting from the recomputation. Each	37129
component of state education aid affected by the valuation and	37130
revenue adjustment shall be recomputed. Within forty-five days	37131
after the effective date of this section, the payment shall be	37132
made from money appropriated for fiscal year 2008 under the	37133
appropriation line items corresponding with the components of	37134
state education aid required to be recomputed under this	37135
division.	37136

(2) The Department of Education shall recompute an eligible	37137
school district's state education aid for fiscal year 2008 by	37138
reducing the total taxable value certified for the district under	37139
division (A) of section 3317.021 of the Revised Code for that	37140
fiscal year by an amount equal to the 2006 valuation adjustment,	37141
and by reducing the district's total taxes charged and payable for	37142
current expenses for that fiscal year by the 2006 local revenue	37143
adjustment, and pay the district the increase in state education	37144
aid resulting from the recomputation. Each component of state	37145
education aid affected by the valuation and revenue adjustment	37146
shall be recomputed. The payment shall be made from money	37147
appropriated for fiscal year 2008 under the appropriation line	37148
items corresponding with the components of state education aid	37149
required to be recomputed under this division. The amount of the	37150
payment shall be divided in equal amounts among the remaining	37151
payments of state education aid required to be made during fiscal	37152
year 2008 that have not been paid before the effective date of	37153
this section, and paid at the same time as those payments.	37154

(3) The recomputed total taxable value, the recomputed total	37155
taxes charged and payable for current expenses, and state	37156
education aid recomputed under divisions (B)(1) and (2) of this	37157
section shall be regarded as the district's total taxable value,	37158
total taxes charged and payable for current expenses, and state	37159
education aid for fiscal year 2007 and 2008, respectively, for all	37160
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of	37161
the 126th General Assembly, including the computation of	37162
transitional aid under Section 206.09.39 of that act, as amended;	37163
and Am. Sub. H.B. 119 of the 127th General Assembly, including	37164
under Section 269.30.80 of that act.	37165

(4) Any amounts payable under division (B)(1) or (2) of this	37166
section shall be reduced by any amount paid under section 3317.026	37167
of the Revised Code if the amount paid under that section was paid	37168
on account of refunded taxes charged against tax-exempt public	37169
utility property for tax year 2005 or 2006 and for which	37170
recomputation is made under division (B) of this section.	37171

(C) The Department of Education shall recompute an eligible	37172
school district's adjusted valuation per pupil, three-year average	37173
adjusted valuation per pupil, and average taxable value for the	37174
purposes of ranking the district under section 3318.011 of the	37175
Revised Code, and determining the district's portion of the basic	37176
project cost under section 3318.032 of the Revised Code, for any	37177
such computation that includes the taxable values certified for	37178
the district for tax year 2005 or 2006 under division (A) of	37179
section 3317.021 of the Revised Code. For computations of	37180
valuation per pupil or average taxable value that include the	37181
taxable value certified for tax year 2005, the recomputation	37182
shall incorporate the taxable values so certified reduced by the	37183
2005 valuation adjustment. For computations of valuation per	37184
pupil or average taxable value that include the taxable value	37185
certified for tax year 2006, the recomputation shall incorporate	37186
the taxable values so certified reduced by the 2006 valuation	37187
adjustment. Within forty-five days after the effective date of	37188
this act, the Department shall adjust the percentile ranking of	37189
the district in the same manner as it was certified to the Ohio	37190
School Facilities in September 2007, but using the 2005 and 2006	37191
valuation adjustments, and perform the Department's other duties	37192
under section 3318.011 of the Revised Code to reflect the	37193
recomputations, and shall certify the recomputations and other	37194
information required by that section to the Ohio School Facilities	37195
Commission. The Commission shall adjust the portion of basic	37196
project cost to be supplied by the district on the basis of the	37197
department's certification.	37198

Section 733.13. (A) As used in this section, "equity list"	37199
means the school district percentile rankings calculated under	37200
section 3318.011 of the Revised Code.	37201

(B) Not later than thirty days after the effective date of	37202
this section, the Department of Education shall create an	37203
alternate equity list for fiscal year 2008 by recalculating each	37204
school district's percentile ranking under section 3318.011 of the	37205
Revised Code and shall certify the alternate equity list to the	37206
Ohio School Facilities Commission. For this purpose, the	37207
Department shall recalculate every school district's percentile	37208
ranking using the district's "valuation per pupil" as that term is	37209
defined in the version of section 3318.011 of the Revised Code in	37210
effect on and after September 29, 2007. When recalculating the	37211
percentile rankings, the Department shall use the same values for	37212
"average taxable value," "formula ADM," and "income factor," as	37213
those terms are defined in section 3318.011 of the Revised Code,	37214
that it used in calculating the original equity list for fiscal	37215
year 2008 certified to the Commission on September 5, 2007, and	37216
shall not use any updated values for those variables.	37217

(C) The Commission shall use the alternate equity list	37218
certified under division (B) of this section to determine the	37219
priority for assistance under sections 3318.01 to 3318.20 of the	37220
Revised Code in fiscal year 2009 for each school district that has	37221
not previously been offered funding under those sections. The	37222
alternate equity list shall not affect any school district's	37223
eligibility for the Exceptional Needs School Facilities Assistance	37224
Program under section 3318.37 of the Revised Code.	37225

(D) Notwithstanding any provision of Chapter 3318. of the	37226
Revised Code to the contrary, for each school district that	37227
receives the Commission's conditional approval of the district's	37228
project under sections 3318.01 to 3318.20 or section 3318.37 of	37229
the Revised Code in fiscal year 2009, the district's portion of	37230
the basic project cost shall be the lesser of the following:	37231

(1) The amount required under section 3318.032 of the Revised	37232
Code calculated using the percentile in which the district ranks	37233
on the alternate equity list certified under division (B) of this	37234
section;	37235

(2) The amount required under section 3318.032 of the Revised	37236
Code calculated using the percentile in which the district ranks	37237
on the original equity list for fiscal year 2008.	37238

Section 733.14. (A) As used in this section:

37239

(1) "Alternative equity list" means a rank order of all city,	37240
exempted village, and local school districts into percentiles	37241
according to the one-year adjusted valuation per pupil of each	37242
district from lowest to higher adjusted valuation per pupil,	37243
computed as follows:	37244

(The district's total taxable value for tax year 2006 / the	37245
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the	37246
district's income factor for fiscal year 2007)]	37247

(2) "Original equity list" means the school district	37248
percentile ranking according to the three-year average adjusted	37249
valuation per pupil of all city, exempted village, and local	37250
school districts calculated under section 3318.011 of the Revised	37251
Code and certified to the Ohio School Facilities Commission on	37252
September 5, 2007.	37253

(3) "Project" has the same meaning as in section 3318.01 of	37254
the Revised Code.	37255

(4) "School district's portion of the basic project cost"	37256
means the portion of the basic project cost computed under section	37257
3318.032 of the Revised Code.	37258

(5) "Total taxable value," "formula ADM," and "income factor"	37259
have the same meanings as in section 3317.02 of the Revised Code.	37260

(B) Not later than thirty days after the effective date of	37261
this section, the Department of Education shall create the	37262
alternative equity list defined in this section and shall certify	37263
that list to the Ohio School Facilities Commission for its use in	37264
determining funding of school district projects for fiscal year	37265
2009, in the manner prescribed in division (C) of this section.	37266

(C) Notwithstanding any provision to the contrary in Chapter	37267
3318. of the Revised Code, for fiscal year 2009 only, in the case	37268
of any school district that has not received funding under	37269
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year	37270
prior to fiscal year 2009 and for which the district's rank on the	37271
alternative equity list is at least fifteen percentiles lower than	37272
the district's rank on the original equity list:	37273

(1) The Commission shall use the district's percentile on the	37274
alternative equity list to determine the district's priority for	37275
assistance and the school district's portion of the basic project	37276
cost for a project under sections 3318.01 to 3318.20 of the	37277
Revised Code, rather than the district's percentile on the	37278
original equity list as otherwise provided under those sections;	37279

(2) The Commission shall use the district's percentile on the	37280
alternative equity list to determine the school district's portion	37281
of the basic project cost for a project under section 3318.37 of	37282
the Revised Code, rather than the district's percentile on the	37283
original equity list as otherwise provided under that section. The	37284
alternative equity list shall not affect any school district's	37285
eligibility and priority for assistance under that section.	37286

The Commission shall not use the alternative equity list to	37287
determine the priority for funding or a school district's portion	37288
of the basic project cost for any other school district or for any	37289
other program administered by the Commission.	37290

(D) If a school district is offered funding under sections	37291
3318.01 to 3318.20 or section 3318.37 of the Revised Code for	37292
fiscal year 2009 based on this section, the district's project	37293
shall proceed as specified in those sections, except as otherwise	37294
provided in this section.	37295

Section 733.15. Notwithstanding division (B) of section	37296
3318.40 of the Revised Code, the Ohio School Facilities	37297
Commission may set aside up to three per cent of the aggregate	37298
amount appropriated to it in fiscal year 2008 for classroom	37299
facilities assistance projects in the Education Facilities Trust	37300
Fund established under section 183.26 of the Revised Code, the	37301
Public School Building Fund established under section 3318.15 of	37302
the Revised Code, and the School Building Program Assistance Fund	37303
established under section 3318.25 of the Revised Code to provide	37304
assistance to joint vocational school districts for the	37305
acquisition of classroom facilities in accordance with sections	37306
3318.40 to 3318.45 of the Revised Code.	37307

Section 733.20. Notwithstanding any provision to the contrary	37308
in Chapter 3314. of the Revised Code, with respect to the	37309
calculation of full-time equivalency under division (L)(3) of	37310
section 3314.08 of the Revised Code, the Superintendent of Public	37311
Instruction shall waive the number of hours or days of learning	37312
opportunities not offered to a student because a community school	37313
was closed during the 2007-2008 school year due to disease	37314
epidemic, hazardous weather conditions, inoperability of school	37315
buses or other equipment necessary to the school's operation,	37316
damage to a school building, or other temporary circumstances due	37317
to utility failure rendering the school building unfit for school	37318
use, so long as the school was actually open for instruction with	37319
pupils in attendance during that school year for not less than	37320
nine hundred twenty hours. For purposes of determining funding	37321
for the community school under Chapter 3314. of the Revised Code	37322
for the 2007-2008 school year, the Department of Education shall	37323
treat the school as if it were open for instruction with pupils	37324
in attendance during the hours or days waived under this section.	37325

Section 733.21. (A) Notwithstanding sections 3313.48,	37326
3313.481, and 3317.01 of the Revised Code, no school district to	37327
which the following conditions apply shall be required to make up	37328
any days or hours a school was closed during the 2007-2008 school	37329
year due to flooding from a burst water pipe:	37330

(1) The flooding caused the school to be closed for only one	37331
day in excess of the number permitted by sections 3313.48,	37332
3313.481, and 3317.01 of the Revised Code and the other schools of	37333
the district were not closed for any days in excess of the number	37334
permitted by those sections.	37335

(2) The length of the school day for the school closed due to	37336
flooding exceeds the minimum number of hours required by the State	37337
Board of Education under section 3313.48 of the Revised Code by at	37338
least one-half hour.	37339

(B) A school district described in division (A) of this	37340
section shall not be considered to have failed to comply with	37341
division (B) of section 3317.01 of the Revised Code during the	37342
2007-2008 school year for purposes of receiving state payments	37343
under Chapter 3317. of the Revised Code in fiscal year 2009.	37344

Section 733.30. (A)(1) The clearinghouse of distance	37345
learning courses established under former sections 3353.20 to	37346
3353.30 of the Revised Code is hereby moved from the eTech Ohio	37347
Commission to the Chancellor of the Ohio Board of Regents. On and	37348
after the effective date of this section, that clearinghouse shall	37349
be administered by the Chancellor in the manner prescribed by	37350
sections 3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83),	37351
3353.26 (3333.85), 3353.27 (3333.86), 3353.28 (3333.87), and	37352
3353.29 (3333.88) of the Revised Code, as amended and renumbered	37353
by this act, new section numbers indicated in parentheses, and	37354
section 3333.84 of the Revised Code as enacted by this act.	37355

(2) The Chancellor is thereupon and thereafter successor to	37356
and assumes the obligations of the Commission as they relate to	37357
the distance learning clearinghouse.	37358

(3) Any business commenced but not completed by the	37359
Commission related to the distance learning clearinghouse shall be	37360
completed by the Chancellor in the same manner, and with the same	37361
effect, as if completed by the Commission. No validation, cure,	37362
right, privilege, remedy, obligation, or liability is lost or	37363
impaired by reason of moving the clearinghouse from the Commission	37364
to the Chancellor.	37365

(4) All of the rules of the Commission related to the	37366
distance learning clearinghouse continue in effect as rules of the	37367
Chancellor, until amended or rescinded by the Chancellor.	37368

(B) No judicial or administrative action or proceeding	37369
related to the distance learning clearinghouse, in which the	37370
Commission is a party, that is pending on the effective date of	37371
this section is affected by reason of moving the clearinghouse	37372
from the Commission to the Chancellor. Such action or proceeding	37373
shall be prosecuted or defended in the name of the Chancellor. On	37374
application to the court or other tribunal, the Chancellor of the	37375
Ohio Board of Regents shall be substituted for the eTech Ohio	37376
Commission as a party to such action or proceeding.	37377

(C) On the effective date of this section, all books,	37378
records, documents, files, transcripts, equipment, furniture,	37379
supplies, and other materials related to the distance learning	37380
clearinghouse assigned to or in the possession of the Commission	37381
shall be transferred to the Chancellor.	37382

Section 733.40. DOE MEDICAID SCHOOL COMPONENT OF THE	37383
MEDICAID PROGRAM	37384

Upon the request of the Superintendent of Public Instruction,	37385
the Director of Budget and Management may transfer up to	37386
$1,000,000 cash and appropriation in fiscal year 2009 from General	37387
Revenue Fund appropriation item 200550, Foundation Funding, to	37388
appropriation item 200603, Schools Medicaid Administrative Claims	37389
(Fund 3AF0). The funds transferred are to be used by the	37390
Department of Education to pay the expenses the Department incurs	37391
in administering the Medicaid School Component of the Medicaid	37392
program established under sections 5111.71 to 5111.715 of the	37393
Revised Code. On June 1, 2009, or as soon as possible thereafter,	37394
the Director of Budget and Management shall transfer cash and	37395
appropriation back to General Revenue Fund appropriation item	37396
200550, Foundation Funding, the total amount transferred in fiscal	37397
year 2009.	37398

The money deposited into the Medicaid School Program	37399
Administrative Fund (Fund 3AF0) pursuant to division (B) of	37400
section 5111.714 of the Revised Code is hereby appropriated to	37401
appropriation item 200603, Schools Medicaid Administrative Claims,	37402
for fiscal year 2009 and shall be used in accordance with division	37403
(D) of section 5111.714 of the Revised Code.	37404

Section 733.50. Notwithstanding divisions (A)(1)(b) and (c)	37405
of section 3333.122 of the Revised Code, an Ohio resident who	37406
first enrolls in an undergraduate program in the 2008-2009	37407
academic year in an education program of at least two years'	37408
duration sponsored by a private institution of higher education in	37409
this state that meets the requirements of Title VI of the Civil	37410
Rights Act of 1964 and that as of July 1, 2008, has a pending	37411
application for a certificate of authorization from the Chancellor	37412
of the Board of Regents pursuant to Chapter 1713. of the Revised	37413
Code shall be an eligible student, as defined in section 3333.122	37414
of the Revised Code.	37415

For purposes of this section, "pending application" means a	37416
submitted application approved as sufficient by the Chancellor and	37417
that has not been otherwise denied or withdrawn.	37418

Section 733.60. The Governor shall consult with the Speaker	37419
of the House of Representatives and the President of the Senate	37420
prior to appointing initial members of the board of trustees of	37421
the Northeastern Ohio Universities College of Medicine under	37422
division (A)(3) of section 3350.10 of the Revised Code.	37423

Section 737.10. HOME MEDICAL EQUIPMENT SERVICE PROVIDERS

37424

If a provider of home medical equipment services holds a	37425
license or certificate of registration scheduled to expire in an	37426
odd-numbered year pursuant to sections 4752.05 and 4752.12 of the	37427
Revised Code, as those sections existed prior to being amended by	37428
this act, the next renewal of the license or certificate that	37429
occurs after the effective date of this section shall be	37430
processed by the Ohio Respiratory Care Board in accordance with	37431
the even-numbered year licensing and registration periods	37432
specified in sections 4752.05 and 4752.12 of the Revised Code,	37433
as amended by this act. The Board shall provide for a	37434
proportionate reduction in the renewal fee that otherwise would	37435
apply for renewing the license or certificate.	37436

Section 743.10. (A) It is the intent of the General Assembly	37437
in amending sections 4301.071, 4303.232, and 4303.33 of the	37438
Revised Code in this act to clarify that the amendments made to	37439
section 4301.43 and the enactment of sections 4303.071 and	37440
4303.232 of the Revised Code by Am. Sub. H.B. 119 of the 127th	37441
General Assembly were not meant to subject the holders of B-2a	37442
permits or S permits to the tax levied under section 4301.43 of	37443
the Revised Code. The imposition of the tax levied under Section	37444
4301.43 of the Revised Code on those permit holders was the result	37445
of a technical drafting error that the General Assembly is now	37446
correcting with this section.	37447

(B) The Tax Commissioner shall determine the amount of tax	37448
that has been levied under section 4301.43 of the Revised Code on	37449
each holder of a B-2a permit and each holder of an S permit and	37450
that should not have been collected for the time period beginning	37451
on October 1, 2007, and ending on December 31, 2007, or for any	37452
period in calendar year 2008 for which a B-2a or S permit holder	37453
has already filed a return and paid the tax levied under section	37454
4303.43 of the Revised Code prior to the effective date of this	37455
section. The Tax Commissioner then shall refund the amounts so	37456
determined to the applicable B-2a permit holders and S permit	37457
holders.	37458

Section 751.10. ICF/MR CONVERSION

37459

(A) As used in this section, "home and community-based	37460
services" has the same meaning as in section 5123.01 of the	37461
Revised Code.	37462

(B) For each quarter of fiscal year 2009, the Director of	37463
Mental Retardation and Developmental Disabilities shall certify	37464
to the Director of Budget and Management the estimated amount to	37465
be transferred from the Department of Job and Family Services to	37466
the Department of Mental Retardation and Developmental	37467
Disabilities for the provision of home and community-based	37468
services made available by the slots sought under section	37469
5111.877 of the Revised Code. On receipt of the certification	37470
from the Director of Mental Retardation and Developmental	37471
Disabilities, the Director of Budget and Management may do one	37472
or more of the following:	37473

(1) Reduce GRF appropriation item 600-525, Health	37474
Care/Medicaid, in the Department of Job and Family Services, by	37475
the estimated amount for providing the home and community-based	37476
services and increase GRF appropriation item 322-416, Medicaid	37477
Waiver - State Match, in the Department of Mental Retardation and	37478
Developmental Disabilities, by the state share of the estimated	37479
amount for the provision of the home and community-based	37480
services;	37481

(2) Increase appropriation item 322-639, Medicaid Waiver –	37482
Federal, in the Department of Mental Retardation and Developmental	37483
Disabilities, by the federal share amount of the estimated amount	37484
for the provision of the home and community-based services;	37485

(3) Increase appropriation item 600-655, Interagency	37486
Reimbursement, in the Department of Job and Family Services, by	37487
the federal share of the estimated amount for the provision of	37488
the home and community-based services.	37489

Section 751.20. MONEY FOLLOWS THE PERSON ENHANCED	37490
REIMBURSEMENT FUND	37491

The Money Follows the Person Enhanced Reimbursement Fund is	37492
hereby created in the state treasury. The federal payments made	37493
to the state under subsection (e) of section 6071 of the "Deficit	37494
Reduction Act of 2005," Pub. L. No. 109-171, shall be deposited	37495
into the Fund. The Department of Job and Family Services shall	37496
use money deposited into the Fund for system reform activities	37497
related to the Money Follows the Person demonstration project.	37498

Section 751.23. JFS MEDICAID SCHOOL COMPONENT OF THE	37499
MEDICAID PROGRAM	37500

At the request of the Director of Job and Family Services,	37501
the Director of Budget and Management may increase the	37502
appropriation in appropriation item 600655, Interagency	37503
Reimbursement, for fiscal year 2009 by the amounts the Department	37504
of Job and Family Services receives from the federal government	37505
for the federal share of Medicaid services provided under, and	37506
administrative costs of, the Medicaid School Component of the	37507
Medicaid program established under sections 5111.71 to 5111.715 of	37508
the Revised Code.	37509

Section 751.30. MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH	37510
FACILITIES	37511

(A) As used in this section, "state mental health facility"	37512
means an institution for the care and treatment of individuals	37513
with mental illness that is maintained, operated, managed, and	37514
governed by the Department of Mental Health pursuant to Chapter	37515
5119. of the Revised Code.	37516

(B) Until six months after the effective date of this	37517
section, neither the Governor nor the Department of Mental Health	37518
shall close a state mental health facility, notwithstanding the	37519
provisions of Chapter 5119. of the Revised Code or any other	37520
provision of the Revised Code under which the Department has	37521
jurisdiction over state mental health facilities.	37522

Section 757.10. The purpose of the amendment by this act of	37523
section 5709.121 of the Revised Code is to clarify the intent of	37524
the General Assembly that institutions of the kind described in	37525
the amendment are charitable institutions for the purposes of that	37526
section as it existed before the effective date of the amendment.	37527
Therefore, the amendment applies to any application for exemption,	37528
or the property that is the subject of such application, pending	37529
before the Tax Commissioner on the effective date of this act or	37530
filed thereafter.	37531

Section 803.03. Notwithstanding division (E)(3) of section	37532
5721.37 of the Revised Code, the holder of a certificate for	37533
which a notice of intent to foreclose has been filed with the	37534
county treasurer before the effective date of this section shall	37535
have ninety days from the effective date of this section to file	37536
foreclosure proceedings in a court of competent jurisdiction.	37537

Section 803.06. The amendment by this act of section 5739.02	37538
of the Revised Code, adding divisions (B)(49) and (50), applies	37539
to sales described in those divisions on or after August 1,	37540
2008.	37541

Section 803.10. That the amendment of section 5747.01 of the	37542
Revised Code by this act applies to taxable years beginning on or	37543
after January 1, 2008.	37544

Section 803.20. The amendment by this act to section 6117.012	37545
of the Revised Code applies to any proceedings, covenant,	37546
stipulation, obligation, resolution, trust agreement, indenture,	37547
loan agreement, lease agreement, agreement, act, or action, or	37548
part of it, pending on the effective date of this act.	37549

Section 803.31. Sections 4117.14 and 4117.15 of the Revised	37550
Code, as amended by this act, apply only to collective bargaining	37551
agreements and extensions and renewals of those agreements entered	37552
into on or after the effective date of those sections as amended	37553
by this act.	37554

Section 803.40. Sections 4123.26, 4123.32, 4123.37, and	37555
4123.54 of the Revised Code, as amended by this act, apply to all	37556
claims pursuant to Chapters 4121., 4123., and 4131. of the Revised	37557
Code arising on and after the effective date of those sections as	37558
amended by this act.	37559

Section 803.50. BOARDS OF ALCOHOL, DRUG ADDICTION, AND	37560
MENTAL HEALTH SERVICES	37561

The amendments made by this act to section 340.02 of the	37562
Revised Code specifying the areas of interest to be reflected in	37563
the composition of a board of alcohol, drug addiction, and mental	37564
health service do not affect the terms of the members holding	37565
office on the effective date of this section.	37566

Section 806.10. The items of law contained in this act, and	37567
their applications, are severable. If any item of law contained in	37568
this act, or if any application of any item of law contained in	37569
this act, is held invalid, the invalidity does not affect other	37570
items of law contained in this act and their applications that can	37571
be given effect without the invalid item or application.	37572

Section 812.10. Except as otherwise provided in this act, the	37573
amendment, enactment, or repeal by this act of a section is	37574
subject to the referendum under Ohio Constitution, Article II,	37575
Section 1c and section 1.471 of the Revised Code. Such an	37576
amendment, enactment, or repeal takes effect on the date specified	37577
below for the amendment, enactment or repeal or, if a date is not	37578
specified below for the amendment, enactment or repeal, on the	37579
ninety-first day after this act is filed with the Secretary of	37580
State.	37581

Sections 9.231, 9.24, 9.835, 107.19, 113.061, 120.08, 121.31,	37582
122.171, 124.821, 125.02, 125.021, 125.022, 125.04, 125.041,	37583
125.05, 125.051, 125.06, 125.07, 125.18, 125.25, 127.16, 133.08,	37584
133.52, 135.101, 135.102, 135.103, 135.104, 135.105, 135.106,	37585
135.61, 135.63, 135.65, 135.66, 145.47, 156.02, 165.01, 165.03,	37586
303.12, 303.211, 303.213, 306.43, 307.697, 317.32, 319.301,	37587
321.261, 340.02, 340.021, 351.26, 519.12, 519.211, 715.73,	37588
715.74, 901.42, 1332.04, 1561.011, 1561.16, 1561.17, 1561.23,	37589
1561.24, 1561.25, 1561.26, 1561.261, 1565.15, 1567.64, 1567.681,	37590
1751.01, 1751.04, 1751.05, 1751.11, 1751.111, 1751.12, 1751.13,	37591
1751.15, 1751.16, 1751.17, 1751.18, 1751.20, 1751.31, 1751.34,	37592
1751.53, 1751.60, 1751.89, 2743.49, 2744.05, 2903.12, 2915.101,	37593
2923.11, 2949.092, 2949.094, 3111.04, 3113.06, 3119.023,	37594
3119.54, 3301.0714, 3310.42, 3311.21, 3311.24, 3313.842,	37595
3313.978, 3314.016, 3314.02, 3314.03, 3314.05, 3314.086, 3314.37,	37596
3316.03, 3316.041, 3316.06, 3316.08, 3317.161, 3317.20, 3319.291,	37597
3323.30, 3323.31 (3323.33), 3323.32 (3323.34), 3323.33 (3323.35),	37598
3333.045, 3333.58, 3333.84, 3335.05, 3341.03, 3343.08, 3344.02,	37599
3345.34, 3350.10, 3352.02, 3353.02, 3353.20 (3333.81), 3353.21	37600
(3333.82), 3353.22 (3333.83), 3353.23, 3353.24, 3353.25, 3353.26	37601
(3333.85), 3353.27 (3333.86), 3353.28 (3333.87), 3353.29	37602
(3333.88), 3353.30, 3354.16, 3355.12, 3356.02, 3357.16, 3359.02,	37603
3361.02, 3364.02, 3365.15, 3703.01, 3734.821, 3735.67, 3743.02,	37604
3743.04, 3743.15, 3743.17, 3743.19, 3743.25, 3743.40, 3743.44,	37605
3743.45, 3743.54, 3743.56, 3743.65, 3743.70, 3743.99,	37606
3901.3814, 3905.40, 3923.281, 3923.443, 3925.101, 3961.04,	37607
4112.12, 4117.14, 4117.15, 4123.26, 4123.32, 4123.37, 4123.54,	37608
4131.03, 4301.355, 4301.421, 4301.424, 4301.62, 4303.041,	37609
4303.182, 4510.10, 4511.01, 4511.101, 4511.181, 4511.191,	37610
4731.65, 4731.71, 4735.01, 4735.02, 4735.10, 4735.13, 4735.14,	37611
4735.141, 4735.142, 4752.04, 4752.05, 4752.06, 4752.07,	37612
4752.11, 4752.12, 4752.13, 4905.84, 4928.142, 4928.20, 4981.14,	37613
5101.26, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	37614
5101.571, 5101.58, 5101.80, 5104.041, 5111.032, 5111.084,	37615
5111.941, 5123.0412, 5123.36, 5501.09, 5502.68, 5513.01,	37616
5525.01, 5533.94, 5703.19, 5703.21, 5703.57, 5705.194, 5705.199,	37617
5705.214, 5705.29, 5709.121, 5721.30, 5721.31, 5721.32,	37618
5721.33, 5721.34, 5721.35, 5721.36, 5721.37, 5721.371, 5721.38,	37619
5721.381, 5721.39, 5721.40, 5721.41, 5721.42, 5721.43, 5739.01,	37620
5739.029, 5739.09, 5739.12, 5739.122, 5739.124, 5741.04,	37621
5741.12, 5741.121, 5741.122, 5743.021, 5743.024, 5743.321,	37622
5743.323, 5747.01, 5747.02, 5747.082, 5748.022, 5749.17, 6101.53,	37623
6101.55, 6117.01, 6117.011, 6117.012, 6117.04, 6117.05,	37624
6117.06, 6117.25, 6117.251, 6117.28, 6117.30, 6117.34, 6117.38,	37625
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, 6117.49, 6121.045,	37626
and 6123.042 of the Revised Code. New sections 3323.31 and	37627
3323.32 of the Revised Code that replace sections bearing the	37628
same numbers that have been renumbered.	37629

Section 5 of Am. Sub. H.B. 24 of the 127th General Assembly,	37630
Section 203.10 of Am. Sub. H.B. 67 of the 127th General Assembly,	37631
and Sections 103.80.50, 201.30, 201.50, 301.20.20, 301.20.80,	37632
401.11, and 401.71 of H.B. 496 of the 127th General Assembly,	37633
all as amended by this act.	37634

All sections of this act prefixed with a section number in	37635
the 200s.	37636

Sections 701.10, 703.20, 705.10, 711.10, 715.10, 715.40,	37637
733.30, 733.60, 737.10, 757.10, 803.03, 803.10, 803.20, 803.31,	37638
803.40, 803.50, 812.10, 812.40, and 815.10 of this act.	37639

Section 812.20. The amendment, enactment, or repeal by this	37640
act of the following sections is exempt from the referendum under	37641
Ohio Constitution, Article II, Section 1d and section 1.471 of the	37642
Revised Code and takes effect on the date specified below for the	37643
amendment, enactment or repeal or, if a date is not specified	37644
below for the amendment, enactment or repeal, immediately when	37645
this act becomes law.	37646

Sections 105.41, 113.40, 117.13, 117.38, 149.30, 519.213,	37647
713.081, 2903.213, 2903.214, 2907.10, 2919.26, 2943.033,	37648
3107.018, 3113.31, 3314.40, 3317.11, 3318.01, 3318.03, 3318.032,	37649
3318.033, 3318.034, 3318.04, 3326.45, 3326.51, 3333.04,	37650
3333.044, 3333.122, 3501.17, 3702.71, 3702.72, 3702.73,	37651
3702.74, 3702.75, 3702.78, 3702.79, 3702.81, 3702.85, 3702.86,	37652
3702.91, 3702.93, 3702.95, 4906.13, 4906.20, 4906.98, 5101.143,	37653
5101.572, 5111.0210, 5111.091, 5111.31, 5111.71, 5111.711,	37654
5111.712, 5111.713, 5111.714, 5111.715, 5111.874, 5111.875,	37655
5111.876, 5111.877, 5111.878, 5111.879, 5111.8710, 5111.88,	37656
5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886,	37657
5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812,	37658
5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 5111.94,	37659
5112.311, 5123.196, 5703.82, 5727.84, 5727.85, 5739.21, 5745.05,	37660
5751.20, and 5751.21 of the Revised Code.	37661

The enactment of sections 5112.371 and 5123.0417 of the	37662
Revised Code takes effect July 1, 2008.	37663

The amendment of section 5112.37 of the Revised Code takes	37664
effect July 1, 2008.	37665

Except as otherwise provided in this paragraph, the amendment	37666
of section 5112.31 of the Revised Code takes effect July 1, 2008.	37667
The amendment striking ", except as adjusted under section	37668
5112.311 of the Revised Code," takes effect immediately when this	37669
act becomes law.	37670

The repeal of section 5739.213 of the Revised Code takes	37671
effect July 1, 2008.	37672

Sections 203.50, 315.10, and 555.19 of Am. Sub. H.B. 67 of	37673
the 127th General Assembly, Sections 201.10 and 512.70 of Am. Sub.	37674
H.B. 100 of the 127th General Assembly, Sections 207.20.50,	37675
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	37676
249.10, 261.10, 263.10, 263.20.10, 263.20.80, 263.30.10,	37677
269.30.30, 269.30.70, 269.40.50, 269.50.30, 275.10, 293.10,	37678
299.10, 307.10, 309.10, 309.30.13, 309.30.30, 309.30.40,	37679
309.30.41, 309.30.42, 309.40.33, 337.30, 337.30.43, 337.40,	37680
337.40.15, 369.10, 375.10, 375.80.10, 379.10, 393.10, 405.10,	37681
407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119 of the	37682
127th General Assembly, and Section 101.10 of H.B. 496 of the	37683
127th General Assembly, all as amended by this act.	37684

Sections 503.10, 503.20, 503.30, 515.10, 515.20, 515.21,	37685
515.30, 515.40, 515.50, 515.60, 707.10, 715.20, 733.10, 733.13,	37686
733.14, 733.15, 733.20, 733.21, 733.40, 733.50, 751.10, 751.20,	37687
751.23, 751.30, 806.10, and 812.20 of this act.	37688

Section 812.30. The amendment, enactment, or repeal by this	37689
act of the following sections provides for or is essential to	37690
implementation of a tax levy, is exempt from the referendum under	37691
Ohio Constitution, Article II, Section 1d, and takes effect on the	37692
date specified below for the amendment, enactment, or repeal or,	37693
if a date is not specified below for the amendment, enactment, or	37694
repeal, immediately when this act becomes law.	37695

Sections 1346.03, 2921.13, and 5739.02 of the Revised Code.

37696

Sections 743.10, 803.06, and 812.30 of this act.

37697

Section 812.40. The amendment by this act of the sections of	37698
law that are listed in the left-hand column of the following table	37699
combine amendments that are and are not exempt from the referendum	37700
under Ohio Constitution, Article II, Sections 1c and 1d and	37701
section 1.471 of the Revised Code.	37702

The middle column identifies the amendments that are subject	37703
to the referendum under Ohio Constitution, Article II, Section 1c	37704
and section 1.471 of the Revised Code and take effect on the	37705
ninety-first day after this act is filed with the Secretary of	37706
State.	37707

The right-hand column identifies the amendments that are	37708
exempt from the referendum under Ohio Constitution, Article II,	37709
Section 1d and section 1.471 of the Revised Code and take effect	37710
immediately when this act becomes law.	37711

Section of law		Amendments subject to referendum		Amendments exempt from referendum		37712
3317.023		Division (P)		Divisions (A) and (O)		37713

Section 815.10. Section 4301.421 of the Revised Code is	37714
presented in this act as a composite of the section as amended	37715
by both Sub. H.B. 239 and Am. Sub. S.B. 188 of the 121st General	37716
Assembly. The General Assembly, applying the principle stated in	37717
division (B) of section 1.52 of the Revised Code that amendments	37718
are to be harmonized if reasonably capable of simultaneous	37719
operation, finds that the composite is the resulting version of	37720
the section in effect prior to the effective date of the section	37721
as presented in this act.	37722